Despite the increasing instances of large cyberattacks affecting millions of people, lawsuits filed over the breaches have struggled right out of the starting gate — often dismissed because the plaintiffs couldn’t show that they were actually injured by the hack.
That hasn’t stopped the lawsuits from pouring in, particularly as the breaches have gotten bigger. Last month’s data breach against Anthem Inc., for example, has fueled more than 40 class actions so far. And plaintiffs attorneys recently have found some successes in getting past dismissals. On Sept. 4, a federal judge in San Francisco found that customers of Adobe Systems Inc. faced a real threat of harm from a 2013 breach. Then, on Dec. 18, a federal judge in Minnesota refused to dismiss a consolidated class action filed over Target Corp.’s 2013 security breach after concluding that most of the named plaintiffs had suffered economic damages.
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