Home > Data Breaches > Circuit Split Deepens as Eleventh Circuit Rejects “Risk of Identity Theft” Theory of Standing in Data Breach Suit
On February 4, 2021, the Eleventh Circuit affirmed the dismissal of a customer’s proposed class action lawsuit against a Florida-based fast-food chain, PDQ, over a data breach. The three-judge panel rejected the argument that an increased risk of identity theft was a concrete injury sufficient to confer Article III standing, deepening a circuit split on this issue.
Read the full post on Proskauer’s Minding Your Business blog.
Tags: class action, data breach, ELEVENTH CIRCUIT, Fair and Accurate Credit Transactions Act, hackers, identity theft, LLC, MURANSKY V. GODIVA CHOCOLATIER INC., privacy law, privacy litigation, SCOTUS, TSAO V. CAPTIVA MVP RESTAURANT PARTNERS, U.S. SUPREME COURT, UNFAIR AND DECEPTIVE TRADE PRACTICES ACT
