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S.D.N.Y: Plaintiffs Asserting Claims Based on Risk of Identity Theft Lack Standing
The Southern District of New York, recently, in Hammond v. The Bank of New York Mellon Corp., No. 08-6060, 2010 WL 2643307 (S.D.N.Y. June 25, 2010) joined other courts from around the country in holding that…
Identify Theft Litigation Update: Ninth Circuit Upholds Dismissal Of Speculative Claims
Updating a prior post, the Ninth Circuit, in Ruiz v. Gap, Inc., recently upheld a dismissal on summary judgment on the grounds that the mere risk of identity theft is too speculative of an injury to substantiate a…
Legal Developments Affecting Payment Card Data Pass Practices
On-line marketers that share their customers’ credit or payment card information with other business partners without the consumer’s knowledge or active consent – a practice referred to as a “data pass” – may wish to…
Another Missive from the Data Breach Front: Remote Risk of Identity Theft Does Not Confer Standing in Allison v. Aetna
Allison v. Aetna, Inc., a recent opinion out of the Eastern District of Pennsylvania, adds to the burgeoning area of law that holds when a plaintiff fails to allege an actual injury resulting from a data breach, but…
UPDATE: Data Breaches on the Rise in 2010
Updating a previous post regarding the rise last year in the number of data breaches involving customers’ personal information in the general business sector, the numbers of these breaches for the first third of…