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Brenda Katz v. Pershing, LLC

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Before Selya, Circuit Judge, Souter, *fn1 Associate Justice, and Lipez, Circuit Judge.

Plaintiff-appellant Brenda Katz insists that defendant-appellee Pershing, LLC failed to protect sensitive nonpublic personal information as it was obligated to do under both contract and consumer protection laws. To vindicate this concern, she sued the defendant on her behalf and on behalf of others similarly situated. The district court dismissed her putative class action. Her appeal of that order requires us to examine both abecedarian principles of Article III standing and assorted provisions of state substantive law.

As a general matter, class action litigation has kept pace with rapid technological advances. But there are limits — constitutional, prudential, and doctrinal — to how far a class action plaintiff may extend the zone of liability. In this case, the plaintiff’s reach exceeds her grasp. We conclude that, despite the dire forebodings expressed in her complaint, she not only has failed to state any contractual claim for relief but also lacks constitutional standing to assert a violation of any arguably applicable consumer protection law. Consequently, we affirm the district court’s order of dismissal.

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