The Eleventh Circuit Finds that Potential Future Misuse of Personal Information Does Not Confer Article III Standing in Data Breach Suits

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On February 4, 2021, the Eleventh Circuit Court of Appeals issued a critical opinion addressing Article III standing in private data breach actions, which has been the subject of a closely watched circuit split.

The case, Tsao v Captiva MVP Restaurant Partners LLC, originated in the District Court for the Middle District of Florida where the plaintiff filed a class action complaint against the restaurant chain PDQ in connection with a May 2017 data breach. Following the breach, PDQ posted a notice to customers regarding the breach, explaining that customers’ names, credit card numbers, card expiration dates and CVVs may have been exposed.

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Mark your calendars! FTC Workshop on Information Injury set for December

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The Federal Trade Commission’s (FTC) Bureaus of Consumer Protection and Economics will host a workshop to examine consumer injury in the context of privacy and data security on Dec. 12, 2017.   Consumer injury is often difficult to quantify generally and especially challenging when there are allegations of a privacy or data security breach or other types of unauthorized access to personal information.  The FTC’s workshop will explore how to measure accurately such injuries; what frameworks might be used to assess different injuries as well as how consumers and businesses evaluate the benefits and costs associated with providing, collecting and using personal information.

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