EPIC has filed an amicus brief urging a federal appeals court to protect a consumer’s ability to sue companies that fail to protect their personal information. A group of consumers sued a grocery chain after faulty security practices left their credit card information exposed to hackers. A lower court dismissed the privacy case because consumers had not yet suffered from fraudulent transactions. In its brief, EPIC explained that the court misunderstood the relevant law, confusing the legal obligations of companies to maintain good security with the harm that consumers eventually suffer. For the purposes of filing a lawsuit, EPIC said courts should focus on whether companies have violated a legal obligation such as safeguarding personal data, including credit card information. EPIC regularly files briefs defending consumer privacy.
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