Abstract
The private rights of action in state unfair and deceptive acts and practices (UDAP) laws present a promising way for consumers to recover after a data breach. Plaintiffs’ attorneys have faced challenges in pleading data breach claims under negligence, unjust enrichment, and state data breach notification theories—significantly their challenges stem from issues with standing. UDAP statutes, modeled after s.5 of the FTC Act, present a plausible path to recovery for plaintiffs, with more success in regard to issues of standing. This paper will analyze UDAP claims in four different states and explore the success plaintiffs have had so far, and what areas of the law still need to develop for continued success.
Recommended Citation
Deirdre Sullivan,
Taking Matters into Your Own Hands; Using the Private Rights of Action in UDAP Statutes to Hold Businesses Accountable for Data Breaches,
2
Student J. Info. Priv. L.
(2024).
Available at:
https://digitalcommons.mainelaw.maine.edu/sjipl/vol2/iss1/5
