Lack of Injury Dooms Michaels Breach Class Suit

From Bloomberg Law:

 Because the plaintiffs failed to demonstrate actual injuries, arts and crafts retail chain Michaels Stores Inc. Dec. 28 dodged a federal court putative class action over a data breach that compromised approximately 2.6 million payment cards.

Dismissing the suit without prejudice, Judge Joanna Seybert of the U.S. District Court for the Eastern District of New York said that plaintiff Mary Jane Whalen failed to assert any injuries that are “certainly impending” or based on a “substantial risk that the harm will occur”—a standard for Article III standing established by the U.S. Supreme Court in Clapper v. Amnesty Int’l USA.

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