Federal Judge Dismisses Class Action Arising from Data Breach

A D.C. federal judge has dismissed a putative class action against CareFirst BlueCross BlueShield that arose from a 2014 data breach. The judge determined that the alleged injuries suffered by the seven named plaintiffs failed to establish standing to sue, finding that “merely having one’s personal information stolen in a data breach is insufficient to establish standing to sue the entity from whom the information was taken.”  Two of the seven named plaintiffs alleged they suffered tax refund fraud because of the breach but the judge determined that this alleged injury was not plausibly tied to the breach based on the specific information that the plaintiffs alleged was compromised.  The judge’s full ruling is available here.

For more information, see this morning’s article in Law360 about the decision.

Back to top