Nationwide data breach class action to continue after Sixth Circuit ruling

Michelle de Leon writes:

A panel of judges at the U.S. Court of Appeals for the Sixth Circuit has declared the victims of a data breach suffered by Nationwide Insurance no longer need to establish their standing to prove that they are in danger.

The victims of the 2012 data breach committed against the Nationwide Mutual Insurance Co. were declared to successfully establish the risks that could stem from the incident.

The Sixth Circuit decided the plaintiffs are eligible to claim their rights under the Fair Credit Reporting Act (FCRA) against the defendant. With the reversal of the trial court’s ruling, the panel sided with the victims’ claims that they are exposed to “a substantial risk of harm” and have “incurred mitigation costs.”

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