Stand Up to Sue Companies for Data Breaches

Before a data breach class action can make it to class certification, named plaintiffs must show that they have standing.

, Law Technology News

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Before a data breach class action can make it to class certification, named plaintiffs must show that they have standing.

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  • Darren McKinney

    Considering the fact that the FBI, the Pentagon and even the CIA have been hacked, it should be clear to all reasonable people -- including judges -- that no public- or private-sector entity can possibly guarantee the effectiveness of its cyber security or corresponding user privacy. Thus virtually all of these lawsuits are speculative, opportunistic nonsense that should promptly be thrown out of court if plaintiffs can‘t immediately demonstrate that defendants‘ security efforts were not reasonably robust relevant to the state of ever developing technology when the breach occurred.

    If modern consumers want to bank and shop online and/or with credit, they must reasonably accept the risk that organized criminals may be paying antisocial punks, hopped up on Monster and Twinkies, to hack their vital information. The only way to avoid this risk is to pay cash or barter for the goods and services one seeks. Deal with it.

    -Darren McKinney, American Tort Reform Association, Washington, D.C.

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