Flimsy FTC Data Breach Action Gets Appellate Test. And It's Not Pretty
Hungry litigators on the prowl for the Next Big Thing have been talking for ages about data breach litigation. Now pending before the U.S. Court of Appeals for the Eleventh Circuit is a case that's sure to shape the data security landscape: the knock-down, drag-out, hair-pulling, eye-gouging fight between the Federal Trade Commission and LabMD.
June 27, 2017 at 01:06 AM
6 minute read
Hungry litigators on the prowl for the Next Big Thing have been talking for ages about data breach litigation. With the agreement on Friday by Anthem to pay a record $115 million to settle a cybersecurity class action lawsuit, these cases are now officially in the big-ticket realm.
Still, there's the niggling question of cognizable injury. How exactly are consumers hurt if their private information is compromised?
Last year, U.S. District Judge Lucy Koh of the Northern District of California rejected Anthem's defense that while exposing a customer's personal information is unfortunate, it doesn't necessarily amount to an actual injury.
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