Section 214:1B - Right of privacy

1 Analyses of this statute by attorneys

  1. Data Breach: No Injury-in-Fact, Case Dismissed

    Knobbe MartensJessica SgangaNovember 26, 2020

    On November 14, 2019, Macy’s sent a Breach Notification Letter to Hartigan and its other customers about the data breach. Among other information, the breach notice informed Macy’s customers about the known risks of harm associated with data breaches and offered one year of complimentary credit monitoring services.As a result of the data breach, Hartigan alleged in his complaint against Macy’s unreasonable interference with privacy in violation of M.G.L. c. 214, § 1B, negligence, breach of contract, unfair and deceptive business practices in violation of M.G.L. c. 93A, §2, and violation of M.G.L. c. 93H. Macy’s moved to dismiss the action for lack of standing pursuant to Fed. R. Civ. P. 12(b)(1) and for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6).