Federal Court Finds Article III Standing In Data Event Litigation But Dismisses Majority of Plaintiff’s Claims Under Rule 12(b)(6)

Katie Sharpless of Squire Patton Boggs writes:

CPW previously has covered multiple decisions that address Article III standing requirements for pleading a claim in federal court. A recent decision out of a federal court in Missouri is an example of a Court finding that Plaintiff properly alleged facts to constitute standing in a data event litigation. Specifically, the Court analyzed the question of whether Plaintiff had standing and found that she had sufficiently alleged an injury in fact, with imminent risk of further injury that was fairly traceable to defendant, looking to allegations of stolen personally identifiable information (“PII”) that individuals attempted to use in filing a fraudulent tax return on Plaintiff’s behalf. Mackey v. Belden, Inc., 2021 U.S. Dist. LEXIS 145000 (E.D. Mo. Aug. 3, 2021).