Licea v. Cinmar, LLC

Court: U.S. Court of Appeals for the Eleventh Circuit

Date: 2022

Issue on Appeal: Whether a plaintiff has Article III standing to pursue claims based on an alleged data breach where there is no evidence of actual misuse of personal information or concrete harm.

RLC’s Position: The RLC argues that plaintiffs must demonstrate concrete injury to establish standing in data breach cases. Allegations of increased risk or speculative future harm are insufficient. Expanding standing to include no-injury claims would encourage costly, meritless litigation, impose significant burdens on retailers, and divert resources away from meaningful cybersecurity improvements. Clear limits on standing are necessary to ensure that only legitimate claims proceed.

Other Amici: Chamber of Commerce of the United States and other business organizations.

Counsel: Counsel from national appellate and privacy law practices representing amici curiae.