Claimed costs include credit monitoring purchases, credit freezes, time spent monitoring accounts, and replacement card fees. Recovery depends on whether the costs were reasonably necessary.
Voluntary costs against non-imminent risk do not confer standing.
Alternative Names:
Mitigation Damages|Protective Cost Damages
Why it Matters?
Clapper forecloses manufacturing standing through voluntary expenditure against a non-imminent risk, which means mitigation costs support standing only where the underlying threat was itself substantial, and the analysis therefore collapses into the risk of future harm question. Free credit monitoring offered after a breach also undercuts the reasonableness of purchased alternatives, which is a practical reason to offer it promptly.
Frequently Confused with
Related terms
Frequently asked questions
Do mitigation costs create standing?
Why offer free monitoring promptly?
