Privacy Class Actions....Waiting for Hannaford

My colleague, Kevin McGinty, has penned an interesting analysis of the latest in the class action litigation arising out of the Hannaford supermarket chain data breach.

Specifically, Maine’s highest court is being asked to determine whether the law recognizes the time and effort payment cardholders spend trying to protect themselves after a data breach as a “substantial injury” for which they can be compensated. Kevin analyzes how the Maine Supreme Court's decision could affect the protections that zero-liability programs afford retailers involved in data breaches because consumers do not experience actual out-of-pocket damages.

Links:

Mintz Levin Privacy and Class Action Alert
Motion to Dismiss
Complaint