Finding that former customers of Injured Workers Pharmacy whose data was stolen by hackers may pursue a class action, the panel held that a worker’s claim of material risk of harm due to her data potentially being misused was injury enough to give her standing to sue.
“Plaintiffs face a real risk of misuse of their information following a data breach when their information is deliberately taken by thieves intending to use the information to their financial advantage," the panel wrote in its opinion.