Setoguchi v Uber and
Simpson v Facebook
When widespread data privacy breaches occur, compromised
organizations have genuine concern that class action certification
is likely to follow. However, two recent decisions illustrate how
important it is for claimants to provide sufficient evidence at
certification that a class-wide claim for compensable harm actually
exists however, the guidance provided by the Supreme Court on what
constitutes the evidentiary floor also suggests the merits cannot
be wholly ignored.
These decisions also illustrate how organizations can
mitigate the risk of a successful class action being brought in
relation to privacy breaches if they are well prepared and respond