Third and Seventh Circuits Shed New Light on Spokeo Standing Analysis

After the Supreme Court’s 2016 Spokeo decision opened the possibility for statutory violations to form the basis for standing in data privacy cases even without a concrete harm, lower courts have offered their own interpretations highlighting the tension in the Spokeo holding. The Seventh Circuit and Third Circuit appellate courts recently came to different conclusions looking at claims of violations of different statutes, shedding new light on the issue. This article explores and explains these decisions. See also “Spokeo’s Impact on Data Breach Cases: The Class Action Floodgates Have Not Been Opened, But the Door Has Not Been Locked” (May 25, 2016).

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