Federal Appeals Court Rules Data Breach Case May Proceed

A federal appeals court has ruled that a major data breach case concerning Supervalu can move forward, rejecting the grocery chain's attempt to have the lawsuit dismissed. EPIC filed an amicus brief in the case, in support of the consumers, arguing that if "companies fail to invest in reasonable security measures, then consumers will continue to face harm from data breaches." The appeals court agreed with EPIC that the lower court was wrong to dismiss the case. However, the court held that only a consumer who could demonstrate actual financial fraud could proceed with legal claims. EPIC regularly files amicus briefs defending consumers' right to sue companies that violate their privacy, including in Attias v. Carefirst, Gubala v. Time Warner Cable, and Spokeo v. Robins.

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