Jeffrey Csercsevits of Fisher Phillips writes:
A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no indication of misuse or external disclosure. In McMorris v. Carlos Lopez & Associates, LLC, the 2nd Circuit Court of Appeals (hearing cases from New York, Connecticut, and Vermont) determined that the particular plaintiffs at issue did not have standing and that their mere fear of identity theft was insufficient for them to sustain a claim for relief. Importantly, however, the court set forth a three-part framework for how standing could be established in a similar situation.
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