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Disclosure of Information

By: Derek Hawkins//November 25, 2015//

Disclosure of Information

By: Derek Hawkins//November 25, 2015//

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Civil

7th Circuit Court of Appeals

Officials: BAUER, KANNE, and ROVNER, Circuit Judges.

Disclosure of Information

No. 15-1083 Cathleen Silha v. ACT, Inc.

Appellants lack standing to sue in case stemming from test scores allegedly being sold to educational organizations.

“Additionally, Plaintiffs have pled that Defendants profit- ed from the sale of their PII, but they did not establish how this profiteering deprived them of the economic value of this information. Plaintiffs’ only claim of economic value associated with their PII is a portion of the value created by Defendants after Plaintiffs authorized the sending or sharing of their information to educational organizations.In other words, Plaintiffs have claimed injury based solely on a gain to Defendants and without alleging a loss to themselves. Thus, we hold Plaintiffs’ well-pleaded allegations do not establish an injury in fact and consequently, do not plausibly support a claim of subject matter jurisdiction.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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