Ninth Circuit Further Entrenches Circuit Split over Standing in Data Breach Cases

The Ninth Circuit's decision in In re Zappos.com, Inc., finding that allegations of future risk of identity theft from a data breach are sufficient to confer standing, fuels an ongoing circuit split, pitting the D.C., Sixth, Seventh, and now Ninth Circuits against the Second, Fourth, and Eighth Circuits over whether the mere exposure of personal information – without actual identity theft or credit/debit card fraud – establishes Article III standing.