Standing in Data Breach Litigation: Will the U.S. Supreme Court Weigh In?

Joseph J. Lazzarotti and Maya Atrakchi of Jackson Lewis write:

… The U.S. Supreme Court may finally weigh in on the status of standing in data breach litigation this term, in Frank v. Gaos. The Court recently requested supplemental briefs addressing whether any of the name plaintiffs has standing such that federal courts have Article III jurisdiction over the dispute. The Court’s request is particularly notable, as the issue before the Court was not initially focused on standing. Although Frank is not a classic data breach case, rather a privacy class action settlement based on unauthorized sharing of website search terms to third-parties, it may still provide the Court an opportunity to resolve the circuit split and issue further guidance on standing in data breach litigation.

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