Continuing the recent proliferation of cases brought by consumers claiming various statutory and common law violations by companies involved in collecting and storing confidential personal information, the First Circuit recently has had an opportunity to consider the issue of whether consumers’ alleged damages were too speculative, and not reasonably foreseeable, to establish cognizable injuries. In Anderson v. Hannaford Bros., Co.,1 the court determined that plaintiffs could recover certain mitigation costs, such as the cost of procuring identity theft insurance, under negligence and implied contract claims under Maine law where there was evidence that data was misused to commit identity theft against at least some of the affected parties.

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