Data Breach Class Action May Proceed on Basis of FCRA Violation Alone
The US Court of Appeals for the Third Circuit has ruled data breach class action law suits may proceed on the basis of a violation alone and that "injury" is presumed by the breach itself. This is a reversal of the decision by the US Court for the District of New Jersey, which initially dismissed the complaint citing they could not sue under Article III of the US Constitution because the information. The information had been stolen, but not necessarily used, and therefore not an injury-in-fact.
Please read more by clicking here. "Third Circuit Finds FCRA Violation Alone Confers Standing for Data Breach Suit" by Michael F. Buchanan,Thomas Kurland | Patterson Belknap Webb & Tyler LLP | JD Supra