TSAO v. CAPTIVA MVP RESTAURANT PARTNERS, LLC

No. 18-14959.

986 F.3d 1332 (2021)

I Tan TSAO, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. CAPTIVA MVP RESTAURANT PARTNERS, LLC, A Florida Limited Liability Company doing business as PDQ, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 4, 2021.


Attorney(s) appearing for the Case

James J. Rosemergy , Carey Danis & Lowe, St. Louis, MO, Steven William Teppler , Mandelbaum Salsburg, PC, Roseland, NJ, Francis J. Flynn , The Law Office of Francis J. Flynn, Jr., Los Angeles, CA, Jeffrey J. Lowe , Jeffrey J. Lowe, P.C., Clayton, MO, for Plaintiff-Appellant.

Marie A. Borland , Robert A. Shimberg , Hill Ward & Henderson, PA, Tampa, FL, for Defendant-Appellee.

Before JORDAN, TJOFLAT, and TRAXLER, Circuit Judges.


I Tan Tsao seeks to bring a number of claims against PDQ—a restaurant he patroned —following a data breach that exposed PDQ customers' personal financial information. Tsao's appeal presents two questions. First, did Tsao have standing to sue based on the theory that he and a

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