Data Breach Lawsuits and Article III Standing: Will the United States Supreme Court Make It Easier for Identity Theft Victims to Have Their Day in Court?

Abstract

Most lawsuits filed in federal court by alleged identity theft and data breach victims have been dismissed for lack of standing. However, the United States Supreme Court granted certiorari in a case, Spokeo, Inc. v. Robins, that could potentially make it easier for plaintiffs in data breach class actions to survive challenges to standing and claims that they have not suffered a cognizable Article III injury.

Keywords: data breach, identity theft, Article III, United States Supreme Court, Spokeo, Robins, federal court, standing, data, class action, cyber, criminal, plaintiff, defendant, hacker, certiorari, eBay, 12(b)(6), civil procedure, rule, injury, password, Stored Communications Act, Fair Credit Reporting Act