Spokeo’s Impact on Data Breach Cases: The Class Action Floodgates Have Not Been Opened, But the Door Has Not Been Locked

The U.S. Supreme Court’s highly anticipated decision in Spokeo, Inc. v. Robins makes a significant mark on the landscape of data breach cases addressing the threshold Article III standing issue. In this guest article, Thomas Rohback and Patricia Carreiro, a partner and associate, respectively, at Axinn, Veltrop & Harkrider LLP, examine the significance and implications of the May 16, 2016 decision and analyze the floodgate of cases in the past week where both plaintiffs and defendants have run to the court in reliance upon Spokeo. See also “When Do Consumers Have Standing to Sue Over Data Breaches?” (May 11, 2016).

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