Nationwide Ruling Lowers Hurdle For Data Breach Victims
By Allison Grande (September 13, 2016, 10:46 PM EDT) -- The Sixth Circuit's ruling Monday that Nationwide Mutual Insurance customers could pursue data breach claims without alleging actual identity theft further lowered the bar for breach victims to prove standing, giving plaintiffs a potent weapon for clearing a common hurdle while pushing companies to rethink how they respond to such incidents.
In an unpublished 2-1 opinion, the appellate panel went against the majority of its sister circuits by reviving a proposed class action alleging negligence and violations of the Fair Credit Reporting Act stemming from Nationwide's alleged failure to institute robust security controls that would have protected against a 2012 data...
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