Privacy and data breach class actions are on the rise. Plaintiffs typically claim that the defendant—whether a retailer, hospital, health insurer, payment card processor or other company handling their personal information—failed to adequately protect their information, used that information for unauthorized purposes or otherwise violated their privacy rights. But, as David M. Governo and Corey M. Dennis, CIPP/US, highlight in this exclusive for The Privacy Advisor, such plaintiffs are often unable to overcome the class-certification hurdle, which generally results in the failure of the case. Why do some succeed where others fail?
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