DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Federal Appeals Court Holds Identity Theft Insurance/Credit Monitoring Costs Constitute “Damages” in Hannaford Breach Case

Posted on October 24, 2011 by Dissent

I posted something on this decision earlier today, but David Navetta has such a helpful analysis of the ruling that I wanted to mention it here.  His commentary begins:

In a significant development that could materially increase the liability risk associated with payment card security breaches (and personal data security breaches, in general), the U.S. Court of Appeals 1st Circuit (the “Court of Appeals”) held that payment card replacement fees and identity theft insurance/credit monitoring costs are adequately alleged as mitigation damages for purposes of negligence and an implied breach of contract claim. For some time, the InfoLawGroup has been carefully tracking data breach lawsuits that, for the most part, have been dismissed due to the plaintiffs’ inability to allege a cognizable harm/damages. In fact, we have been tracking the legal twists and turns of the Hannaford case with great interest (see e.g. here, here, here, here, here andhere). The decision in Hannaford could be a game changer in terms of the legal risk environment related to personal data breaches, and especially payment card breaches where fraud has been perpetrated. In this post, we summarize the key issues and holdings of the Court of Appeals.

Read more on InformationLawGroup.

Category: Commentaries and AnalysesOf Note

Post navigation

← Ca: Elections binders lost with voters names, addresses
IE: HIQA releases new guide for protecting patient records →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Comstar LLC agrees to corrective action plan and fine to settle HHS OCR charges
  • Australian ransomware victims now must tell the government if they pay up
  • U.S. Sanctions Cloud Provider ‘Funnull’ as Top Source of ‘Pig Butchering’ Scams
  • Victoria’s Secret takes down website after security incident
  • U.S. Government Employee Arrested for Attempting to Provide Classified Information to Foreign Government
  • St. Cloud Provides Update on Ransomware Attack in 2024
  • Bradford Health Systems detected abnormal network activity in December 2023. They first sent out breach notices this week.
  • Websites selling hacking tools to cybercriminals seized
  • ConnectWise suspects cyberattack affecting some ScreenConnect customers was state-sponsored
  • Possible ransomware attack disrupts Maine and New Hampshire Covenant Health locations

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Why AI May Be Listening In on Your Next Doctor’s Appointment
  • Watch out for activist judges trying to deprive us of our rights to safe reproductive healthcare
  • Nebraska Bans Minor Social Media Accounts Without Parental Consent
  • Trump Taps Palantir to Compile Data on Americans
  • The US Is Storing Migrant Children’s DNA in a Criminal Database
  • Home Pregnancy Test Company Wins Dismissal of Pixel Wiretapping Suit
  • The CCPA emerges as a new legal battleground for web tracking litigation

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.