Last week, the Ninth Circuit reversed a Nevada district court’s dismissal, for lack of Article III standing, of plaintiffs’ claims arising out of a data breach.
In so holding, the Ninth Circuit reaffirmed its position on one side of a circuit split on the issue of standing to bring suit based on a substantial risk of identity theft or fraud resulting from a data breach, even in the absence of allegations that the risk actually materialized, an issue that the Supreme Court recently declined to review.
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