Sony Playstation ‘s recent data breach has resulted in several class actions. At least 25 class action lawsuits have been filed against Sony. The class action lawsuits have been filed in various U.S. federal courts all over the US. The class action complaints allege Sony negligently guarded its customers’ PII. The class action lawsuits also allege breach of contract for allowing the personal data of more than 100 million online video game users to be compromised and stolen by hackers.
Seems like a class action lawyer’s dream, right? Not really. The courts will challenge consumers (and their lawyers) claims that Sony is liable for any damages. Why? Despite Sony’s apology, consumers must prove they suffered damages (i.e., actual damages) as a result of the data breach. Courts across the country have not recognized the risk of identity theft as an actual damage.