United States Third Circuit

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In re: Horizon Healthcare, 15-2309

In a putative class action arising out of the theft from a health insurer of two laptop computers containing sensitive personal information, alleging willful and negligent violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. section 1681, et seq., as well as numerous violations of state law, the district court's Rule 12(b)(1) dismissal of the suit for lack of Article III standing is vacated where: 1) in light of the congressional decision to create a remedy for the unauthorized transfer of personal information, a violation of FCRA gives rise to an injury sufficient for Article III standing purposes; 2) even without evidence that the plaintiffs' information was in fact used improperly, the alleged disclosure of their personal information created a de facto injury; and 3) all of the Plaintiffs suffered a cognizable injury, and the complaint should not have been dismissed under Rule 12(b)(1).

Appellate Information

  • Decided
  • Published 2017/01/20




  • United States Third Circuit


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