Data Breach Claims Stretch the Meaning of Concrete Injury

Author, ABA Litigation News, April 22, 2026

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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