The Time Between the Theft and the Injury: Standing Requirements Based on a Future Risk of Identity Theft After a Data Breach
Jameson Steffel · eYLS (Yale Law School) · 2020
at 13 ("More than half of legal decision-makers responsible for class actions believe data privacy and security will be the next wave of class actions, up from less than 30 percent in 2017.").6. See Stevens v. Zappos.com,Inc.(In re Zappos.com,Inc., Customer Data Sec.Breach Litig.), 884 F.3d 893, 895 (9th Cir.2018) (District court separated the plaintiffs into two classes: plaintiffs who "alleged that they had already suffered financial losses from identity theft" and those who had not already suffered damages.On appeal, parties only contested whether the second group of plaintiffs lacked standing.The Ninth Circuit seemed to agree there were not questions regarding standing for the first group of plaintiffs); See also, Attias v. CareFirst, Inc., 865 F.3d 620, 627 (D.C.Cir.2017) ("Nobody doubts that identity theft, should it befall one of these plaintiffs, would constitute a[n] . . .injury.").