[ Tuesday, July 21, 2015 ]


So Many Breaches, But So Few Lawsuits: Wonder why?  It's mainly because a plaintiff in a lawsuit generally must show how he/she has been damaged, and to be honest, most data breaches don't cause calculable damages.  And courts tend to throw out cases where the damages are purely speculative, as in these Illinois cases. Sometimes identity theft occurs and you can prove it.  Sometimes, as in the Walgreens case, actual pain and suffering can be proven.  But if the breach merely causes the plaintiff to be at greater risk of identity theft and nothing more, that's going to be a hard case for a plaintiff to win.  

Jeff [10:42 AM]

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