The U.S. Court of Appeals for the First Circuit has reinstated a complaint against a home-delivery pharmacy service company in relation to a 2021 data breach, finding one of the plaintiffs alleged an injury in fact based on allegations that her personal information was used to file a fraudulent tax return.

While a second plaintiff did not allege the actual misuse of her personal identifying information in the case of Webb v. Injured Workers Pharmacy, a three-judge panel concluded that she plausibly alleged “a concrete injury in fact based on the material risk of future misuse” of her personal information and a “concrete harm caused by exposure to this risk,” according to the court’s opinion filed June 30.

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