Evolution of Privacy Breach Litigation?

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4 Responses

  1. Dissent says:

    It’s not quite a “breach tax,” but will you be including cases where breaches have resulted in fines by states or the FTC in your analysis or are you only including lawsuits filed by individuals or classes? My impression – from the lawsuits I cover on my blogs — has been that entities often have less to fear financially from individual or class action lawsuits than they do from state AG’s or the FTC going after them.


  2. Sasha says:

    Yup, we are including public actions by the FTC and state AGs. And yes, you’re absolutely right: unless there are actions they bring that somehow aren’t disclosed, from all I’ve seen, the FTC never loses.

  3. Michael says:

    At least the companies can say sorry if they fall into the first two categories because it could have always been a “mistake”. But when you’re in the third category it’s kind of hard to say “We are sorry for not realizing that we collected your private information and sold it to 100 ad-companies.”

  4. Sasha says:

    Good point, Michael. If true, that would suggest more success for plaintiffs in category 3 suits. We’ll see — they’re still emerging.