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Federal Appeals Court Recognizes "Substantial Risk of Future Harm"

In a landmark opinion, the Seventh Circuit Court of Appeals has ruled that a class action lawsuit against Neiman Marcus may continue because of the ongoing risk to customers whose personal information was compromised in a data breach. The case stems from a breach of the Neiman Marcus customer database that led to the release of 350,000 credit cards and exposed more than 9,200 customers to fraud. A lower court ruled that since the identified fraud victims had been reimbursed, Neiman Marcus was off the hook for future claims. However, the Seventh Circuit ruled that the plaintiffs, customers who were not yet aware of fraud, faced a "substantial risk of future harm," and that risk was enough to allow the class action to continue. According to the Federal Trade Commission, identity theft remains the top concern of American consumers.

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