Attorney Article
Plaintiffs’ Attorneys Racing to Courthouses in the United States to File Data Breach Class Actions
DAC Beachcroft
Author: David M. Ross
David M. Ross (Partner-Washington, DC) authored “Plaintiffs’ Attorneys Racing to Courthouses in the United States to File Data Breach Class Actions” published on July 22, 2022, on the website of Legalign Global member firm DAC Beachcroft. David notes: “Now, plaintiffs’ attorneys are competing against each other to find a plaintiff (typically an individual who received notice) and race to the courthouse to file a class action lawsuit.” While decisions are divided, numerous federal courts have relied on a recent U.S. Supreme Court decision to dismiss data breach class actions for lack of standing where the plaintiff does not allege actual misuse of their personal information, identity theft or financial fraud. “The mere fact that the plaintiff’s personal information was implicated in a data breach was not enough to keep the court’s doors open. Some federal courts also recognized that the type of data breach could impact the analysis of whether a plaintiff had standing to sue.”