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The court dismissed, without prejudice, a proposed class action over a January data breach at Wendy's, finding that allegations of two fraudulent charges allegedly made to representative plaintiff's debit card were insufficient to establish Article III standing.
Torres v. The Wendy's Co., No.
6:16-cv-00210 (M.D. Fla. July 15, 2016)
The court dismissed, without prejudice, a proposed class action
over a January data breach at Wendy's, finding that allegations
of two fraudulent charges allegedly made to representative
plaintiff's debit card were insufficient to establish Article
III standing. In dismissing the case with leave to replead, the
court found that the harm plaintiff alleged was "highly
speculative." Applying the standard from the Eleventh
Circuit's 2012 decision in Resnick v. AvMed, the court
noted that even assuming that plaintiff's two fraudulent
charges would constitute actual identity theft, plaintiff had not
alleged any monetary harm stemming from the two fraudulent charges,
including that the two fraudulent charges were unreimbursed by his
credit union. View the decision.
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