At issue is whether plaintiffs must demonstrate actual damages to satisfy the “injury-in-fact” requirement of Article III standing.
The trial court dismissed the complaint, finding the plaintiffs failed to demonstrate they suffered an “injury-in-fact” because the risk of future damages was not imminent. Court of Appeals for the Eighth Circuit: Must a plaintiff suffer a concrete harm (i.e., damages) in order to satisfy the injury-in-fact requirement of Article III standing?
Your database can become inaccurate when your contacts: Customers that receive marketing communications that are inaccurate or not of interest may find it annoying. Sending materials to the wrong person or address is also a waste of budget.
But the trial court confused injury-in fact, which is a legal injury, with actual damages, which are the consequential harm. Super Valu “owns and operates retail grocery stores in the United States.
This confusion is widespread among federal courts since the Supreme Court’s recent decision in Spokeo v. Super Valu controls the payment processing at its stores and also provides payment processing services to AB Acquisition and Albertson’s stores.” Processing payments involves collecting and storing consumers’ personally identifiable information that is embedded in the magnetic strips of their debt and credit cards.
Data hygiene - the principles and practices that serve to maintain accuracy in computer data - is crucial for an effective customer relationship management system.
It is a good idea to 'clean' your database regularly.
Email bounce-backs and undelivered mail are a sign of out-of-date information.