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From A to ZIP Codes, and Beyond

By Kenneth L. Chernof and Allyson Himelfarb

An ever-increasing number of companies find themselves facing potential liability for practices concerning the use, collection, or release of consumer data. The courts are rife with class-action litigation by individuals seeking compensation in the wake of stolen or lost laptops, hacked computer networks, or data stolen through phishing scams, even in cases where the plaintiffs have not suffered any actual misuse of their own data. Recent legal developments have helped to limit the viability of these cases. Perhaps the most prominent development is the U.S. Supreme Court's recent decision in Clapper v. Amnesty Int'l USA, 133 S. Ct. 1138 (2013), in which the Court made clear that plaintiffs cannot establish standing to sue based on a mere risk of future injury, and plaintiffs may not manufacture standing by taking steps to prevent the risk of future injury.

Collecting ZIP Codes

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