Data Breach: No Injury-in-Fact, Case Dismissed

It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy.  States have passed a variety of statutes aimed at addressing this problem in an attempt to provide data breach victims with some form of redress.  Nonetheless, even where there has been a data breach, a plaintiff must meet certain requirements in order to have standing to bring a lawsuit in an Article III court.  One such requirement, as the case described in this article illustrates, is that a plaintiff must have sufficiently pleaded injury-in-fact in his or her complaint.