Without data breach class actions, large corporate defendants would be able to cause small amounts of harm over a large group of individuals without any risk of monetary penalty.
Holding companies accountable for poor cybersecurity and data theft incidents helps ensure that consumers are better protected in the future.
Yes, in most cases. However, each case is different, but some recent lawsuits have proven to be quite valuable. In one data breach suit, Ohio Attorney General and attorneys general in other states obtained a $17.5 million settlement against The Home Depot due to a data breach in 2014. The settlement resolves a multistate data breach which exposed the payment card information of approximately 40 million Home Depot consumers.
The Home Depot data breach made vulnerable the company’s self-checkout point-of-sale system. In addition to the $17.5 million settlement, The Home Depot has agreed to improve network security and maintain data security practices in order to strengthen its data security program and protect the personal information of consumers.
Under current privacy law the firm or organization that is storing user data are responsible for data breaches and will pay any fines or damages that are the result of legal action. The actual data holder—an organization that provides cloud storage—is not usually legally implicated or held responsible in litigation.
The majority of data breach incidents are accidental, and not actually hacking events. Outside threats do pose personal data risks for consumers, though the bigger risk is the internal security and cloud-based data network. Some common ways data can be compromised include:
Luxottica, the eyewear company that produces popular brands like Ray-Ban, Oakley, Persol, Armani, Bulgari, Chanel, Prada, Ferrari, Michael Kors, Burberry, Versace, Dolce and Gabbana, Miu Miu, and Tory Burch, suffered a ransomware attack which affected the company worldwide. The data breach has exposed the personal and protected health information of more than 829,000 LensCrafters, Target Optical, and EyeMed patients.
Luxottica operates eyecare providers like Pearle Vision, LensCrafters, and EyeMed, and the retail outlet Sunglass Hut. A security professional said that no data had been stolen during the malware attack, but after Luxottica determined on August 28 that the attacker gained access to patients’ personal information.
The exposed information includes personal data and protected health information, including medical histories of clients. For some patients, credit card numbers and social security numbers may have been exposed.
Privacy laws are meant to protect patients’ personal health data, and when institutions fail to protect personal data they may be sued for damages. In recent years much health data has been leaked and stolen, causing significant damages to plaintiffs who have have taken legal action.
In a recent case the American Medical Collection Agency (AMCA) settled with nearly 21 million people in 40 states and Washington D.C. concerning a data breach that may have exposed their personal information. The breach, which occurred in 2018, lasted nearly a year until official notice of the intrusion.
An unauthorized user gained access to the AMCA internal data system and collected the personal information, including Social Security numbers, financial information, and personal health information, such as medical tests and diagnostic codes.
Quest Diagnostics was alerted that the hack exposed the personal medical data of 11.9 million of its patients. LabCorp had 7.7 million patients exposed. A number of class action lawsuits were filed throughout the country, alleging negligence, breach of contract, and a variety privacy violations concerning data security.
Some large data breach incidents have included:
A Class Action is a lawsuit brought by an individual on behalf of all other similarly situated individuals. Rule 23 of the Federal and State Rules of Civil Procedure allows for Class Action lawsuits to resolve disputes in an efficient format.
Class Actions are typically filed when the amount of money in dispute for a single plaintiff would not justify litigating the case, but where the amount of damages of the entire class of Plaintiffs would justify the cost of litigation. Without class actions, large corporate defendants would be able to cause small amounts of harm over a large group of individuals without any risk of monetary penalty.
In order for a case to be certified as a Class Action, the Court must determine that the case is appropriate for class action treatment under Rule 23. There are different elements depending on whether the case is seeking monetary or injunctive relief. In general, the Court must find the following elements are satisfied:
Ransomware is malware that encrypts system data and denies access to the information until the target pays a ransom. Only after the ransom is paid will the attacker typically return access to the compromised files.
Ransomware can be spread through email systems, insecure networks, or installing a fake software update. Most ransomware attacks take place over a longer period of time, and is an indication that the IT network has been compromised for some time. Most hackers prey on easy targets and are able to identify networks with vulnerable security.
Filing Class Action lawsuits is a complex and serious legal course and can carry monetary sanctions if proper legal course is not followed. The Lyon Firm is dedicated to assisting injured plaintiffs work toward a financial solution to assist in compensating for medical expenses or other damages sustained.
We work with law firms across the country to provide the most resources possible and to build your case into a valuable settlement. The current legal environment is favorable for consumers involved in data breach class actions, deceptive marketing lawsuits, TCPA telemarketing claims, and financial negligence claims.
We work with law firms across the country to provide the most resources possible and to build your case into a valuable settlement.
Invasion of privacy law has been established to protect consumers and citizens of the United States. When companies are negligent and fail to protect consumer information, which can be used in malicious ways, victims can contact a class action attorney to represent them in class action data breach lawsuits. A number of privacy breach and data breach claims have been settled by The Lyon Firm and other consumer protection lawyers around the country.
Consumers have rights in the USA, and when companies do not provide a service they have promised, or hold up their end of a bargain, legal action may be necessary. Consumer protection attorneys work on your behalf to hold companies responsible for providing a fair and safe service.
The Lyon Firm has worked with law firms nationwide in consumer class actions involving deceptive marketing, false advertising, food mislabeling and misleading marketing claims.
TCPA lawsuits have become one of the most common kinds of legal claims. The TCPA Act provides privacy protection for consumers by restricting how companies and organizations can contact you by telephone. Robocall harassment and unfair debt collection has been a serious issue that has required lawsuits in order to keep telemarketing companies at bay.
If you have experienced telephone harassment by a bank, real estate company, hotel, political campaign or anyone else, you may have TCPA claim. The Lyon Firm works diligently to seek compensation for those harassed at their home or work.
Class action wage and hour lawsuits are always ongoing, as some employers fail to treat employees properly, and attempt to cut workers out of earned wages. Wage theft lawsuits can be valuable for a class of plaintiffs who believes their employer has cheated them out of overtime pay and other earned wages.
There have been several wage theft lawsuits and settlements that have compensated employees for the wages they have earned, as well as damages for emotional distress and punitive damages when an employer is negligent in treating workers in accordance to Ohio labor law.