2nd Circ. Won't Revive Michaels Data Breach Suit

Law360, New York (May 2, 2017, 10:09 PM EDT) -- The Second Circuit on Tuesday affirmed the toss of a putative data breach class action against Michaels Stores Inc., ruling that the credit card holder who brought the suit lacks standing to proceed with her claims because she hadn't incurred any actual charges on her card or any other concrete injuries.

In a summary order, the three-judge panel kept in place the lower court's dismissal of plaintiff Mary J. Whalen's claims for breach of implied contract and for violation of New York General Business Law stemming from a 2014 cyberattack that resulted in the theft of 2.6 million Michaels customers' credit...

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