Posted on Feb 10, 2021 in
Jurisdiction |
Comments Off on Increased Risk of Identity Theft Cannot Establish Article III Standing in Data Breach Cases
The Eleventh Circuit has now taken a stand on whether a substantial risk of identity theft, fraud, and other future harm constitutes Article III standing in data breach cases. Tsao v. Captiva MVP Rest. Partners, LLC, 2021 WL 381948 (11th Cir. Feb. 4, 2021). In an opinion authored by Senior Judge Tjoflat, the Eleventh Circuit affirmed the lower court’s decision, holding that...