The Sixth Circuit Court of Appeals recently held that a computer fraud rider to a “Blanket Crime Policy” covers losses from a hacker’s theft of customer credit card and checking account data.
lawsuit
Light, (Camera), Class Action! After Seven Years of Dormancy Since Inception, Businesses See Class Action Lawsuits for Alleged Violations of California’s “Shine the Light” Act
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There have been a number of class action lawsuits recently filed in California state courts against businesses for allegedly violating California’s Shine the Light privacy law.
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Supreme Court of California Decision Upholds Promotional E-mail Sender’s Method of Avoiding E-mail Filters
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The Supreme Court of California held that Vonage did not violate California law by sending commercial e-mail advertisements to individuals from multiple domain names for the purpose of bypassing e-mail filters.
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Proskauer Litigation Team Helps Secure Dismissal of Speculative Identity Exposure Claims Against BNY Mellon
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Where the only harm alleged is mere “speculation as to a possible risk of injury,” a claim cannot survive a 12(b)(6) motion to dismiss, according to a District of Connecticut decision issued on August 31, 2009. McLoughlin v. People’s United Bank, Inc., and Bank of New York Mellon, Inc., No. 3:08-cv-00944-VLB (D. Conn. Aug. 31, 2009), thus follows a long and growing line of cases which simply hold that where there is no actual harm, there can be no case.
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No Harm, No Lawsuit: Seventh Circuit Refuses Data Breach Lawsuit Where Credit Monitoring Costs Are the Only “Damages” Sought
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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 Circuit’s ruling joined the unanimous line of lower court decisions denying recovery in the absence of actual, present harm.
In Pisciotta v. Old National Bancorp, — F.3d –, 2007 WL 2389770 (7th Cir. Aug. 23, 2007), the court ruled that “Indiana law would not recognize the costs of credit monitoring that the plaintiffs seek to recover in this case as compensable damages.” Id. at *6. In doing so, the Seventh Circuit joins a chorus of federal district courts that uniformly reject such costs as a form of cognizable injury sufficient to support legal claims for damages.