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ARTICLE · 10 JUNE 2024

Tennessee Law Restricts Data Breach Class Action Suits; Will Other States Follow?

Winston Taylor
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On May 22, 2024, Tennessee joined Florida and West Virginia in enacting legislation that provides a legal safe harbor for companies that have experienced a cyberattack.

United StatesTechnology
Gayle I. Jenkins
Gayle I. Jenkins
Peter T. McKeon
Peter T. McKeon

KEY TAKEAWAY

A law was recently passed in Tennessee that will shield private entities from class action lawsuits stemming from a cybersecurity event unless the event was caused by willful, wanton, or gross negligence. Similar laws have already been passed in Florida and West Virginia, possibly signaling a growing sentiment among states to make it more difficult for plaintiffs to sue companies for data exposure.

On May 22, 2024, Tennessee joined Florida and West Virginia in enacting legislation that provides a legal safe harbor for companies that have experienced a cyberattack. The law is designed to shield private entities from class action lawsuits stemming from a cybersecurity event unless the event was caused by willful, wanton, or gross negligence.

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