[logn]

"The ability of consumers to sue for future harm has, in many cases, been limited by a Supreme Court ruling that on its face had little to do with big commercial breaches. [...] In 2013 the Supreme Court ruled 5-4 against them, concluding that the fear of future harm from surveillance wasn’t enough for plaintiffs to have standing to sue."

from https://firstlook.org/theintercept/2015/06/12/data-breach-th...

The article also mentions a pending Supreme Court case (Spokeo v. Robins) which could "'open up the floodgate for lawsuits, in all contexts, but especially in data breach litigation'".