Data Breach Claims Stretch the Meaning of Concrete Injury
In Holmes v. Elephant Insurance Co., the U.S. Court of Appeals for the Fourth Circuit rejected the vast majority of claims a plaintiff class asserted in a complaint due to an insurance company’s failure to protect their information. The defendant insurance company used an online quote feature, in which potential customers filled out a form by providing certain information about themselves. The company then added additional information the potential customers had not provided, by way of access to third-party sources, such as department of motor vehicle records. Hackers breached the company’s online defenses and stole drivers’ license numbers for nearly three million persons.
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