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Peters alleged that her personal information had been exposed in the breach and then disseminated in the public domain, where it was being "misused by unauthorized and unknown third parties." Specifically: Peters reported that, subsequent to the breach at St. Josephs, her Discover credit card was used to make a fraudulent purchase and that hackers had tried to infiltrate her Amazon.com account — posing as her son. Also: telemarketers were using the stolen information. Peters claimed that, after the breach, she was besieged with calls and solicitations for medical products and services companies, with telemarketers asking to speak to her and with specific family members, whose contact information was part of the record stolen from St. Joseph's.
As a result, Peters argued that she faced an "imminent injury" due to "increased risk" of future identity theft and fraud because of the breach at St. Joseph, and wished to sue the hospital for violations of the Fair Credit Reporting Act (FCRA). But the court found otherwise, ruling that Peters lacked standing to bring the case in federal court under Article III of the Constitution.
People in the industry and Silicon Valley say it is only a matter of time before online agencies attack the armies of intermediaries that are the backbone of the trade, and Google could present formidable competition for other insurance sellers. As many as two-thirds of insurance customers say they would consider purchasing insurance products from organizations other than insurers, including 23 percent who would consider buying from online service providers such as Google and Amazon. Google Compare auto insurance site has already been operating in Britain for two years as a search engine for auto insurance prices.