Where the only “damages” alleged following a data security breach are the costs of credit monitoring, a plaintiff has no case, so ruled the Seventh Circuit on August 23, 2007. The decision dealt another blow to so-called “identity exposure” plaintiffs seeking to recover damages stemming from the unauthorized disclosure of their personal information, as the Seventh … Continue Reading
We thought it might be helpful to provide citations to the 37 state (plus D.C. and Puerto Rico) breach notification laws that cover private entities (Oklahoma's law, that only addresses state agencies, is not included). We also provide links, or uploaded copies, where available.
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A recent decision from the Southern District of Ohio echoes prior decisions of district courts addressing negligence claims against companies that have experienced a data breach. The court held that the cost of obtaining credit monitoring services does not count as damages without evidence of identity fraud. Kahle v. Litton Loan Servicing LP, case no. 1:05cv756.
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The protection of Social Security numbers (SSNs) from identity thieves has emerged as a hot news topic in the past few weeks. In California, it was revealed that, for the past three years, the Secretary of State’s office has been selling in bulk electronic UCC filings containing SSNs. Those filings were available to the public … Continue Reading
