Anxiety not a claim for damages in Barnes & Nobles data breach case

Karen Kidd writes:

Plaintiffs in a data breach class action lawsuit against Barnes & Noble fixed their standing problem but still couldn’t adequately allege damages, a Pittsburgh attorney says.

“Upon analyzing the facts, this was not a particularly surprising ruling,” Brian Willett, an associate with Reed Smith, said.

“However, it was significant in the data privacy space given that standing has been a common stumbling block in similar suits and while Plaintiffs here cleared that hurdle, their claim ultimately failed because Plaintiffs did not establish sufficient damages.”

Plaintiffs in the case, R. Clutts et al v. Barnes & Noble, claimed the book seller had breached implied contract, violated the Illinois Consumer Fraud and Deceptive Business Practices Act, invaded their privacy, and violated the California Security Breach Notification Act and California’s Unfair Competition Act.

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