The Supreme Court has denied a petition for a writ of certiorari in Carefirst, Inc. v. Attias, a case concerning standing to sue in data breach cases. Consumers had sued health insurer Carefirst after faulty security practices allowed hackers to obtain 1.1 million customer records. EPIC filed an amicus brief backing the consumers, arguing that if "companies fail to invest in reasonable security measures, then consumers will continue to face harm from data breaches." The federal appeals court agreed with EPIC and held that consumers may sue companies that fail to safeguard their personal data. Carefirst appealed the decision, but the Supreme Court chose not to take the case. EPIC regularly files amicus briefs defending standing in consumer privacy cases, most recently in Eichenberger v. ESPN, where the Ninth Circuit also held for consumers, as well as Gubala v. Time Warner Cable and In re SuperValu Customer Data Security Breach Litigation.
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Privacy Law Sourcebook (2016)