The success of a data-breach lawsuit often turns on whether the plaintiff has standing to sue. Showing actual injury can be especially hard when the only alleged damage consists of a risk of future identity theft. Data-breach plaintiffs are therefore looking for new avenues into the courtroom. One of these […]
Category: Privacy and Data Security
As we’ve mentioned before, federal privacy statutes that permit lawsuits and award automatic damages can be a fertile source of consumer class action litigation. The Telephone Consumer Protection Act (TCPA) fits this bill. Under the TCPA, telemarketers cannot call residential phone numbers on the National Do Not Call Registry. A […]
As we’ve discussed before, standing is often a key issue in data-breach litigation. Standing is also frequently at issue in another type of privacy case: litigation arising from violations of privacy rights created by statute. Privacy and consumer protection laws such as the Telephone Consumer Protection Act and the […]
After a data breach, consumers often sue to recover for injuries they suffer, or fear they will suffer, when identity thieves use the stolen data. These suits usually target the company that suffered the data breach. But can a company that allows an identity thief to make purchases or apply […]