Class Action and Product Insights for Your Business
April 05, 2023 - Class Action, Privacy, Appellate & Supreme Court

No Injury, No Data Breach Claims? Recent Trends in Evaluating Standing in Data Breach Class Actions

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A key contested issue in data breach class actions is whether plaintiffs can satisfy Article III’s injury-in-fact requirement by alleging risk of future harm rather than actual misuse of plaintiffs’ personal information. As the number of data breach class actions filed continues to rise, a promising ruling by the Supreme Court seemed poised to resolve appellate courts’ diverging rulings on this issue. Almost two years later, though, the circuit split persists. We discuss that split and a few emerging trends in the full alert linked below.

Read the full client alert.