With Equifax Looming, Split On Standing In Data Breach Cases Grows with Recent Decisions

As the Equifax breach litigation gets underway, we analyze several recent decisions that have widened a split on when and under what conditions customers or other affected individuals may bring claims against a company that suffers a data breach.

The differing interpretations of the standing requirements in data breach cases will no doubt continue to be vigorously litigated and may ultimately need to be resolved by the Supreme Court.