11th Circ. Says ID Theft Risk Doesn't Support Data Breach Suit

Law360 (February 4, 2021, 7:37 PM EST) -- The Eleventh Circuit on Thursday affirmed the dismissal of a customer's proposed class action against Florida-based fast-food chain PDQ over a data breach, finding that he had not presented a sufficient injury claim as a basis for bringing the suit.

In a 28-page published opinion, the appeals court rejected plaintiff I Tan Tsao's arguments that he had standing to sue based either on the assertion that he and other customers are facing an exposed risk of future identity theft as a result of a hacker gaining access to their credit and debit card information, or that his efforts to mitigate that...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!