Al Saikali writes:
Until recently, individuals whose information was compromised as a result of a company suffering a data breach faced an uphill battle when suing the company in a class action lawsuit. Far more often than not, Courts dismissed the lawsuits or entered summary judgment in favor of defendants on grounds that the plaintiffs could not establish a cognizable injury, preemption by breach notification statutes, or lack of evidence that the data breach (as opposed to some other act of identity theft) caused the plaintiff’s damages. I’m still convinced that the pro-defendant environment remains the norm. Nevertheless, four recent cases are being used to support the argument that the tide may be turning in favor of plaintiffs.
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