High-profile computer attacks and misuse of private consumer information have provoked a growing swarm of identity theft class action lawsuits. In US federal courts judges frequently nip these cases in the bud for lack of standing under Article III of the US Constitution. Generally, these cases conclude that the mere loss or misuse of private information – absent actual harm or the imminent risk of harm – does not meet the Article III prerequisite of a “concrete and particularised injury in fact”.
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SCOTUS mull “no-injury” privacy class actions