Header graphic for print
HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: injury

Posted in Consumer Privacy, Privacy & Security Litigation

Court Stops Pokémon GO Litigation

In May, a Florida state court dismissed a plaintiff’s claim that the terms of service for popular mobile game Pokémon GO violated Florida’s Deceptive and Unfair Trade Practices Act. The case illustrates how establishing injury continues to be a key hurdle for plaintiffs in litigation involving online services, and shows that a well-framed choice of law provision can help protect providers of online services.

Posted in Cybersecurity & Data Breaches, Privacy & Security Litigation

New Federal Court Decision Affirms the Standing Doctrine as a Critical Hurdle to Data Breach Actions

On Monday, a federal district court dismissed two related putative class action suits filed against Nationwide Mutual Insurance Company following a data breach at Nationwide in October 2012 that affected over 1 million individuals. The opinion shows that courts remain skeptical of plaintiffs’ ability to show any real injury from the fact that their personally identifiable information was compromised without some additional evidence of concrete harm such as identity fraud. The opinion also sheds important light on the ability of plaintiffs to overcome this standing barrier by alleging that their injury derives from the violation of a federal statute.