Consumers hoping to collect on Target’s data breach through class action suits may be facing a hurdle. According to a post by Michelle Kisloff and Adam Cooke of Hogan Lovell’s Chronicle of Data Protection, a federal district court dismissed two class action suits against Nationwide Mutual Insurance Company after a data breach exposed one million of its customers personal information.
“The opinion shows that courts remain skeptical of plaintiffs’ ability to show any real injury from the fact that their personally identifiable information was compromised without some additional evidence of concrete harm such as identity fraud,” explain Kisloff and Cooke. The court found potential for future injury to the plaintiffs to be too “speculative” and held the plaintiffs were “manufacturing” their right to sue based on hypothetical harm versus actual harm, say the authors.
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