Data Breach Class Action Against Bonobos Dismissed For Lack of Standing

On January 19, 2022, District Judge Jesse M. Furman of the Southern District of New York dismissed a putative class action filed against men’s clothing store Bonobos, Inc., following an August 2020 data breach.  Judge Furman determined that a Bonobos customer whose personal information was stolen in the breach failed to demonstrate a sufficiently substantial risk of harm to establish standing to sue.

The decision in Cooper v. Bonobos reflects the increased uncertainty regarding the viability of suits for damages based solely on future risk of identity theft or fraud, in light of the Supreme Court’s recent decision in TransUnion LLC v. Ramirez.

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