There's No Harm In Asking For Harm Post-Spokeo

Law360, New York (February 27, 2014, 5:41 PM EST) -- Over the past several years, plaintiffs in putative data privacy class actions increasingly have asserted claims alleging violations of federal or state statutes that may not contain an actual harm requirement. Indeed, because the harm alleged in data privacy lawsuits is often theoretical, speculative or implausible, plaintiffs who typically could not satisfy Article III standing (which requires allegation of actual injury) have turned to such statutory rights to attempt to make up for their lack of articulable injury.

The Ninth Circuit may have given some of...
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