Abstract
The increasing digitalization of our personal and professional lives has generated corresponding growth in the amount of electronically stored private information in the hands of third parties. That private information is at risk of theft, loss, or manipulation. Employers that hold employee tax information and merchants that hold significant troves of consumer credit card data are particularly attractive targets. When hackers strike, victims often band together in federal class actions, naming the custodians of their private data as defendants. More and more, however, district courts are dismissing these class action claims at the doorstep for lack of Article III standing. The corporate defendants argue, and many courts agree, that a plaintiff’s alleged increased risk of future data misappropriation is insufficient to satisfy the U.S. Supreme Court’s test for an “injury in fact,” a critical component of the traditional standing analysis. This Note argues that many consumer data breach class actions do in fact satisfy the Supreme Court’s standing requirements, as outlined in the Court’s 2013 decision in Clapper v. Amnesty International USA and its 2016 decision in Spokeo, Inc. v. Robins.
Files
Metadata
- Subject
Commercial Law
Consumer Protection Law
Internet Law
Privacy Law
Science and Technology Law
- Journal title
Boston College Law Review
- Volume
58
- Issue
1
- Pagination
287
- Date submitted
8 September 2022