Citing Lack of Injury, Second Circuit Affirms Dismissal of Consumer Claims in Michaels Stores Data Breach
On May 2, 2017, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a customer’s putative class action lawsuit for damages and injunctive relief after her credit card data was compromised by a security breach at arts and crafts retailer Michaels Stores. The Court affirmed a determination that the plaintiff had failed to allege an actual injury, distinguishing the case from decisions in other circuits recognizing standing in data breach cases.