Courts Are Still Willing To Dismiss Data Breach Lawsuits for Lack of Standing

In data breach litigation, courts typically grant standing when sensitive information is affected and there's potential for dark web misuse. However, recent cases like Maser v. CommonSpirit Health highlight the increasing scrutiny, where a Colorado court dismissed a class action due to a lack of proven injury traceable to the breach. The plaintiff's claims of bank fraud and credit score reduction were deemed insufficient, as her bank details weren't compromised and the data could not enable fraud on its own.

In Maser v. CommonSpirit Health, the court dismissed a data breach class action due to insufficient allegations linking injury to the breach, despite claims of fraud.

Courts generally favor plaintiffs in data breach cases, especially if sensitive information and dark web exposure are claimed, but recent cases show varied outcomes.

Read at Databreaches