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Data Breach Plaintiffs’ Suit Reinstated; Court Holds Affected Customers Have Standing
28 July 2015
View Client Update
The Seventh Circuit Court of Appeals reinstated a consumer class action seeking damages against Neiman Marcus in the wake of its 2013 data breach.
The court held that consumers had standing to sue based on their allegations of time lost in resolving fraudulent charges and protecting against future identity theft.
Up to now, data breach class actions generally have failed at the motion to dismiss stage due to insufficient allegations of injury. Time will tell if
signals a reversal of that trend.
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