Fourth Circuit Weighs in on Standing in Data Breach Class Actions

The Fourth Circuit weighs in on standing in data breach class actions, drawing on the Holmes v. Elephant Insurance Co. decision, which involved a breach that allegedly compromised three million driver’s licence numbers and left plaintiffs claiming harms such as time spent monitoring finances and an increased risk of identity theft. In Holmes, the district court dismissed the case under Fed. R. Civ. P. 12(b)(1) after finding no standing.

The article notes that the Holmes decision, issued on 14 October 2025 and reported as WL 2907615, provides a road map for courts within the circuit and deepens a split among the circuit courts. Plaintiffs in Holmes also alleged fear and anxiety and, in two instances, that their driver’s licences appeared on the dark web. Read more at JDSupra, according to JDSupra.