Supreme Court Won’t Disturb Data Breach Decision

March 25, 2019

The Supreme Court today declined to review, v. Stevens, a decision that allowed consumers to sue the online retailer following a breach of their personal data. More than 24 million Zappos customers were affected by the breach, which included account numbers and passwords. Zappos tried to block the lawsuit, claiming that consumers had to show additional damages. The Ninth Circuit rejected that argument, and the Supreme Court left the decision of the appeals court in place. EPIC has filed amicus briefs in similar data breach cases, including Attias v. Carefirst, arguing that if "companies fail to invest in reasonable security measures, then consumers will continue to face harm from data breaches.” EPIC regularly files amicus briefs defending consumer privacy and addressing emerging privacy challenges.

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