Credit: Enzo Wang/Adobe Stock 'Threatened Injury Is Too Speculative': Federal Judge Tosses Elephant Insurance Data Breach Class Action for Lack of Standing
The district court looked to case law out of the U.S. Court of Appeals for the Fourth Circuit for guidance.
July 03, 2023 at 11:21 AM
5 minute read
A federal judge in Virginia dismissed various claims against Elephant Insurance Co. over a consumer data breach, finding that, without additional allegations regarding misuse of the plaintiffs' personal information, the plaintiffs could not establish an injury-in-fact.
The plaintiffs, Christopher Holmes, Trinity Bias, Jaime Cardenas and Robert Shaw, filed an eight-count putative class action complaint against Elephant after the company announced in May 2022 that "sensitive information" had been viewed or copied for its current or previous insurance customers. The breach also impacted those who provided their information to receive an insurance quote, according to the June 26 opinion filed in U.S. District Court for the Eastern District of Virginia.
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