Ikon Office Solutions Had no Duty to Disclose That Office Equipment Retained Data — Putnam Bank v. Ikon Office Solutions
…and business data). Putnam sued under Connecticut’s unfair trade practices statute, under general negligence and breach of contract theories, and under Connecticut’s data breach statute. Did Ikon Have a Duty…
Court Finds That the Value of Bartered-For Services Constitutes Loss Under the Computer Fraud and Abuse Act — Animators at Law v. Capital Legal Solutions
…the issue of what “losses” Animators had suffered as a result of the alleged data breach. Following limited discovery, the ex-employees brought a motion for summary judgment. The court denies…
Court Dismisses Misappropriation Claims Against Facebook Over Its Friend Finder Service — Cohen v. Facebook
…“property,” but the court does not discuss that possibility here. See “Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff“.) __ I’d characterize this…
Bank ACH Fraud Victims Get Mixed Rulings — Experi-Metal v. Comerica Bank & Patco Constr. v. People’s United Bank
[Post by Venkat Balasubramani] We have posted on numerous cases involving data breach plaintiffs who are rebuffed by courts because they have not suffered cognizable harm such as out-of-pocket losses….
Ohio Appeals Court: GoDaddy can be Held Liable for Wrongly Transferring Control Over Domain Name and Email Accounts — Eysoldt v. ProScan
…taken in data breach cases and require any showing of out-of-pocket loss. The likely explanation for this is that the plaintiff here asserted claims under the “intrusion” theory, where the…
Facebook Scores Initial Win Against Privacy Plaintiffs Over Data Leakage Claims — In re Facebook Privacy Litigation
…Claridge v. RockYou, where this theory seems to have first been given credit for standing purposes: “Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach…
A Look at the Commercial Privacy Bill of Rights Act of 2011
…a nod to avoiding a “patchwork of inconsistent standards and protections.” The Bill’s preemption clause carves out (1) state laws addressing “health or financial information,” (2) state data breach notification…
Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff — Claridge v. RockYou
…that plaintiff alleged an injury in fact sufficient to confer standing. The court noted that the case law is mixed on the question of whether data breach plaintiffs have standing…
Court Dismisses Class Action Against Spokeo for Lack of Standing — Robins v. Spokeo
…conclusion on standing can be contrasted with the Ninth Circuit’s recent conclusion in the Starbucks data breach case that employees affected by a data breach have standing based on “‘generalized…
Court Approves TD Ameritrade Data Breach Settlement — In re TD Ameritrade
…Internet Privacy” (paidContent/Joe Mullin) Earlier data breach posts: “Starbucks Data Breach Plaintiffs Rebuffed by Ninth Circuit — Krottner v. Starbucks” “Two More Courts Close the Doors on Data Breach Plaintiffs”…