Lessons Learned From Eleventh Circuit’s Dismissal of Data Breach Suit Alleging Only Increased Risk of Future Harm for Lack of Article III Standing


In the context of data breach class action litigation, the question of whether Article III standing can be satisfied is often dispositive of the outcome of an action. However, a deep circuit split currently exists between the federal appellate courts regarding the level of proof required to establish standing in data breach class actions— particularly as it relates to demonstrating a sufficiently “concrete” injury-in-fact and whether allegations of an increased risk of future identity theft are sufficient to satisfy this aspect of the standing test.