Court Lets Data Breach Suit Proceed Based on Alleged Future Harm

Federal courts historically have been quick to dismiss plaintiff claims of on-going harm when their data is snatched in a breach, but a crack is appearing in that logic that could change how liability is gauged for hacked corporations and fuel class-action lawsuits against those companies. The U.S. Court of Appeals for the Seventh Circuit began to question the depth of on-going harm to victims by overturning a district court that had tossed a class-action lawsuit against Neiman Marcus over a 2014 data breach.

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