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Credit Monitoring Services May Not Be Required But Put the Plaintiff in a Difficult Position When Trying to Prove Damages

A number of Plaintiffs have brought actions following notification that their sensitive financial information had been disclosed during a security incident. Approximately 45 states including the District of Columbia now require that a party be informed when his/her sensitive information has been released, however, this exposure of someone’s identity even when coupled with the cost to guard against identity theft, generally does not constitute a compensable injury to state a claim for negligence or for breach of [...]

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