Cybersecurity » 7th Circuit Lowers Bar for Cyber Breach Suits

7th Circuit Lowers Bar for Cyber Breach Suits

July 23, 2015

The Seventh Circuit Appeals Court this week reinstated a data breach class action against Neiman Marcus, saying the fact that customer data was stolen was enough to show standing in the case. That stands in sharp contrast to the wave of class actions in similar cases against Target and Sony, dismissed after the Supreme Court found that plaintiffs must allege they are at imminent risk of suffering a concrete injury. “The Neiman Marcus customers should not have to wait until hackers commit identity theft or credit card fraud in order to give the class standing, because there is an ‘objectively reasonable likelihood’ that such an injury will occur,” Chief Judge Diane Wood wrote for the three-judge panel.

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