Aetna Data Breach Class Action Dismissed

In Allison v. Aetna, U.S. District Judge Legrome D. Davis followed a disturbing trend from the bench that have held a claim of increased risk of identity theft is does not confer standing on the plaintiff.

The class action lawsuit was filed by Cornelius Allison. and alleged . who worked for Aetna from 1998 to 2005.  Allison alleged he was at a greater risk for identity theft because of an Aetna data breach which exposed over 65,000 current and former employees personal identifying information. 

The judge disagreed and as stated above, reinforced a disturbing trend – the risk of identity theft is not a legally recognizable harm.  However the Circuits are spilt on the issue.  For example, compare the 9th Circuit’s opinion recognizing the risk of harm.  Cooper v. FAA, et al_Slip Opinion