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Clark Hill Secures Dismissal in Data Privacy Class Action

September 1, 2020

Clark Hill attorneys Melissa Ventrone, Mason Floyd, and Michael Croghan recently secured dismissal with prejudice in a putative nationwide class action alleging violation of data privacy and consumer protection laws. The case was pending in the Circuit Court of Cook County.

The case arose out of an internal email shared within an organization that contained a spreadsheet with employee personal information. There were no allegations of actual or attempted misuse of the information. Instead, the plaintiff alleged only an increased risk of identity theft, mitigation expenses incurred in response to the perceived risk, and anxiety, emotional distress, and loss of privacy.

Clark Hill filed a motion to dismiss arguing, among other things, that increased risk of identity theft without more is insufficient to confer standing in Illinois. Judge Sanjay Tailor agreed, dismissing the complaint with prejudice.

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