Florida Court Dismisses Data Breach Lawsuit for Lack of Standing

29 February 2016
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Key takeaways

  • In Case v. Miami Beach Healthcare Group, Ltd., a Florida federal court last week dismissed a consumer data breach class action against a hospital, holding that the named plaintiff lacked Article III standing because there was no allegation that her personal information had actually been misused.
  • Case is one of several consumer data breach class actions that recently have failed at the motion to dismiss stage, and it highlights the strict requirement imposed by the clear majority of courts that a plaintiff plead actual harm, rather than simply an increased likelihood of future harm.