Despite Plaintiffs Satisfying Standing Requirements, Barnes & Noble Closes The Book On Data Breach Class Action

In data breach class actions, standing is often the major obstacle, and has taken on renewed focus following the U.S. Supreme Court's ruling in Spokeo v. Robins, 136 S. Ct. 1540 (May 24, 2016). See, e.g., Federal Court Finds Intangible Harm Caused by Robocalls Sufficient for Post-Spokeo Standing in TCPA Claim Alleging Privacy Invasion, Technology Law Dispatch (July 6, 2016); Wisconsin Federal Court Finds Spokeo Spells the End for Consumer Privacy Class Action, Technology Law Dispatch (June 21, 2016). However, as a recent decision from the U.S. District Court for the Northern District of Illinois indicates, prevailing on standing is just one battle, but is far from winning the war. Earlier this week, Barnes & Noble escaped a data breach class action after the court found plaintiffs cleared the standing hurdle but could not survive the retailer's motion to dismiss because of a lack of out-of-pocket damages.