May 21, 2018 Articles

A Standing Invitation: Zappos Suggests Post-Dismissal Challenges to the Problem of the Uninjured Data Breach Class Member

An indication that the Ninth Circuit will not allow the claims of unharmed class members to proceed to a class-wide trial.

By R. Jay Taylor, Jr.

As the volume of data generated by our increasingly digitized lives expands and proliferates, so do efforts to steal the data. Criminals particularly target the kind of information that facilitates identity theft, like credit card, bank account, Social Security, and driver’s license numbers. Any significant data breach in which this kind of data is stolen or otherwise disclosed will result in a class action, sometimes several of them. But the reality is that not all data breach incidents result in identity theft, and for various reasons, some produce no quantifiable harm at all.

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