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11th Circuit Says Standing in Data Breach Case Requires Actual Harm

By Kathryn Rattigan on February 18, 2021
Posted in Enforcement + Litigation

Last week, in Tsao v. Captiva MVP Restaurant Partners, LLC (Captiva), the U.S. Court of Appeals for the 11th Circuit held that data breach claims arising from increased risk of future identity theft and potential mitigation effort costs, WITHOUT any evidence of actual data misuse or harm, did not satisfy Article III standing. This…

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Robinson+Cole is a law firm serving regional, national and global clients from nine offices throughout the Northeast. Our Data Privacy + Security Team brings together lawyers from the firm’s Intellectual Property and Technology, Commercial Litigation, and E-Commerce Groups.

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