Minnesota District Court Dismisses Data Breach Class Action Against GameStop, Inc.
The US District Court for the District of Minnesota recently dismissed a data breach class action against GameStop, Inc. and Sunrise Publications, Inc. (d/b/a Game Informer) for lack of constitutional standing because the named plaintiff did not allege injury in fact.
The court rejected the plaintiff’s “would not have shopped” theory of injury because the plaintiff could not plausibly allege that reasonable consumers would expect Game Informer to protect their Facebook ID and Game Informer browsing history while logged into Game Informer’s website and Facebook at the same time.
Carlsen v. GameStop, Civil No. 14-3131 (D. Minn. June 4, 2015).