CafePress obtains complete dismissal of putative nationwide class action relating to data breach

Client(s) CafePress Inc.

Jones Day obtained a complete dismissal of a putative nationwide class action arising from an alleged data breach on behalf of CafePress Inc. (now known as Residual Pumpkin Entity, LLC). In the complaint, the plaintiff alleged claims for common law negligence and violations of various Illinois state statutes. CafePress moved to dismiss all the plaintiff’s claims, arguing, among other things, that the plaintiff lacked Article III standing because he failed to establish that any sensitive personal information belonging to the plaintiff was actually compromised.

In a detailed ruling, the Hon. Andrea R. Wood of the U.S. District Court for the Northern District of Illinois adopted virtually all of CafePress' standing arguments, agreeing that the data breach did not cause plaintiff an injury-in-fact sufficient to confer Article III standing. The Court concluded none of the plaintiff's non-public personal or financial information could have been exposed in the data breach because CafePress no longer possessed such information relating to the plaintiff at the time of the breach. Additionally, the Court found that the only information relating to the plaintiff that potentially could have been exposed in the data breach was already publicly available, such as the plaintiff's billing and shipping address. As a result, the Court dismissed the action for lack of subject-matter jurisdiction. The Court subsequently entered final judgment in CafePress' favor.

Michael Fus v. CafePress Inc., Case No. 1:19-cv-06601 (N.D. Ill.)