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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New York now prohibits employers from publicly displaying employee Social Security Numbers ("SSNs"), printing employee SSNs on identification cards, and communicating to the general public employee SSNs or "personal identifying information."
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