Recent news coverage has shown a proliferation in cyber-hacks—hackers stealing information about former and current employees including names, addresses, Social Security numbers, employment records, including compensation records, human resources, records, medical information and financial information from both large corporations as well as the Government.
Class action litigation has been initiated as a result of these data breaches. In order for a plaintiff to bring an action as a result of a data breach a plaintiff must have suffered an injury to have standing. That injury must be “concrete and particularized” and “actual or imminent, not conjectural or hypothetical.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992). If identity was “stolen” but has not been used by anyone else, can you still bring a lawsuit? A plaintiff who can prove that a hacker used his information has a much stronger argument than a plaintiff who can allege only an increased risk of identity theft.
The Supreme Court recently granted certiorari in Spokeo v. Robins, 724 F.3d 409 (9th Cir. 2014), which could change the injury requirement for a plaintiff trying to bring a lawsuit after their personal information has been hacked. The court will have to decide whether Congress may confer standing on a plaintiff who had not suffered a concrete injury, but rather permit a private right of action based on the violation of a federal statute.
Philadelphia Business Lawyers at Sidkoff, Pincus & Green Protect Victims of Cyber-Hacking
Philadelphia business lawyers at Sidkoff, Pincus & Green have the experience to pursue lawsuits for individuals who have had their privacy violated by having their personal information hacked. Our Philadelphia business law firm offers free consultations at our convenient Philadelphia, Pennsylvania location. Call Sidkoff, Pincus & Green at 215-574-0600 or complete our online contact form to see how a Philadelphia business lawyer at our office can help you.