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Consumer Protection Law Commons

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Full-Text Articles in Consumer Protection Law

The Path To Standing: Asserting The Inherent Injury Of The Data Breach, Jennifer M. Joslin Jun 2019

The Path To Standing: Asserting The Inherent Injury Of The Data Breach, Jennifer M. Joslin

Utah Law Review

Data breaches are on the rise as consumers continue to exchange personally identifiable information for goods and services in sectors from retail to healthcare. In the aftermath of a data breach, it has been difficult for victims of the breach to establish Article III standing to sue in federal courts. The primary hurdle for those seeking a remedy for the theft of their data has been showing that they have suffered an injury-in-fact. Plaintiffs typically assert an injury based on the increased risk of identity theft following a breach. However, courts have divided on whether such an injury satisfies the …


Consumer Protection—Exploring Private Causes Of Action For Victims Of Data Breaches, Justin H. Dion, Nicholas M. Smith Jan 2019

Consumer Protection—Exploring Private Causes Of Action For Victims Of Data Breaches, Justin H. Dion, Nicholas M. Smith

Faculty Scholarship

Data breaches are becoming a norm in modern life. Every year it seems that bigger and bigger attacks are launched, and more and more individuals are harmed. The law has responded by increasing states’ ability to prosecute cybercriminals. A glaring hole exists in this protection though. The state is largely an unharmed party. The real harm is done to individual citizens affected by the breaches. Their data is compromised, their identities are stolen, and their livelihoods are placed at risk. This Article will analyze the issue and propose a solution for increased consumer protection in addition to the current criminal …


Identities In Critical Condition: The Urgent Need To Reevaluate The Investigation And Resolution Of Claims Of Medical Identity Theft, Stephanie Lindgren Jan 2019

Identities In Critical Condition: The Urgent Need To Reevaluate The Investigation And Resolution Of Claims Of Medical Identity Theft, Stephanie Lindgren

Mitchell Hamline Law Review

No abstract provided.