In
a recent post, we discussed how plaintiff
class members who have not suffered financial harm as a result of a
data breach face challenges meeting the Article III standing
requirement necessary to invoke a federal court's jurisdiction.
The 8th Circuit's opinion
In re Target Corp. Customer Data Security Breach
Litigation highlights yet another hurdle such plaintiffs may
encounter.
The well-documented Target data breach, first disclosed in 2013,
affected the payment card data and personal information of up to
110 million Target customers. A class action was filed by 112
consumer representatives, each of whom allegedly suffered a
financial loss. The parties reached a proposed settlement, the key
factor being the establishment of a $10 million settlement fund.
The fund would be distributed to class members with documented
financial losses first, with the remainder distributed among those
class members with undocumented financial losses. Critically, those
class
