Seventh Circuit Finds Article III Standing Following Data Breach, but Significant Hurdles Remain for Plaintiffs Seeking Recovery

Seventh Circuit Finds Article III Standing Following Data Breach, but Significant Hurdles Remain for Plaintiffs Seeking Recovery

In a move counter to the trending precedent in data breach litigation, the U. S. Court of Appeals for the Seventh Circuit ruled on July 20 that data breach plaintiffs whose personal information was potentially exposed in a confirmed hacking breach of a major retailer’s network alleged enough risk of harm to meet the standing requirements of Article III of the U.S. Constitution. 

The Seventh Circuit Sides with Plaintiffs in Data Breach Litigation

The Seventh Circuit Sides with Plaintiffs in Data Breach Litigation

On July 20, 2015, in Remijas v. Neiman Marcus Group, LLC, No. 14-3122 (7th Cir. 2015), the Seventh Circuit held that the United States District Court for the Northern District of Illinois wrongfully dismissed a class action suit brought against Neiman Marcus after hackers stole their customers’ data and debit card information.