William M. Regan and Zachary D. Denver of Katten Muchin Rosenman LLP write:
The US District Court for the District of Minnesota recently dismissed a data breach class action against GameStop, Inc. and Sunrise Publications, Inc. (d/b/a Game Informer) for lack of constitutional standing because the named plaintiff did not allege injury in fact.
Plaintiff Matthew Carlsen purchased a one-year digital subscription to Game Informer Magazine, a video game magazine published and owned by GameStop. The plaintiff alleged that the defendants shared personally identifiable information (his unique Facebook ID and Game Informer browsing history) with Facebook in violation of Game Informer’s privacy policy. That policy states that “Game Informer does not share personal information with anyone.”
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