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January 23, 2017

3rd Circuit Says Spokeo Does Not Preclude Class Actions With Intangible Injuries

The 3rd U.S. Circuit became the latest appellate court to find that Spokeo does not preclude class actions in which plaintiffs allege their injury is intangible, writes Reuters.

The panel ruled that customers of Horizon Healthcare have constitutional standing to proceed with a class action claiming the insurer left their personal information exposed in the theft of two laptops containing customer data.

The 3rd Circuit’s analysis aligns with 6th and 7th Circuit’s decisions. The outlier among the federal circuits being the 8th Circuit, which ruled last year that a plaintiff failed to identify a “material risk of harm” when a cable company allegedly violated a requirement to destroy customer records.

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