Data Breach

Data breaches on the internet and at point-of-sale terminals are an increasing concern for consumers and businesses alike. 

Data breaches can result in the loss of payment card data, as well as personally identifiable information.  This can result in financial loss, identity theft, and privacy concerns.

Gustafson Gluek represents consumers and financial institutions in class actions seeking compensation, changes to data practices, and other relief for injured parties under federal and state law.

The following are select cases Gustafson Gluek is currently investigating, litigating or has recently litigated on behalf of plaintiffs raising data breach concerns.

  • $22 million dollars in settlement in addition to remedial measures and enhance security

    Gustafson Gluek represented a class of consumers whose personally identifiable information, including Social Security numbers and other highly-sensitive personal data, was compromised as the result of Experian’s deficient data security practices. Many of these consumers lost time and money responding to the data breach, and they face an ongoing risk of identity theft, identity fraud, or other harm. Plaintiffs reached a $22 million settlement and as a part of the settlement, defendants also agreed and have begun undertaking certain remedial measures and enhanced security measures, which they will continue to implement, valued at over $11.7 million.

  • $5.2 million dollars in settlement in data breach case

    Gustafson Gluek served on the court-appointed Plaintiffs’ Steering Committee representing a class of financial institutions whose card members’ payment data was compromised as a result of Kmart’s deficient data security practices. These financial institutions lost time and money responding to the data breach. Plaintiffs reached a $5.2 million settlement with K-Mart for the class.

  • $125 million dollars in settlement in data breach case

    Gustafson Gluek represented Plaintiffs whose personal information was impacted as the result of the Equifax’s deficient data security practices. Plaintiffs reached a settlement where Equifax agreed to pay $380 million towards the fund for class benefits and an additional $125 milion for out-of-pocket losses in addition to credit monitoring and identity restoration services. This settlement was approved by the court in January 2020.

  • Gustafson Gluek represents a class of consumers whose personally identifiable information, including passport information, customers' names, mailing address, and payment card numbers, as well as other highly-sensitive personal data, was compromised as the result of Marriott’s and its merger partner, Starwood Hotels & Resort Worldwide, LLC's deficient data security practices. Many of these consumers have lost time and money responding to the data breach, and they face an ongoing risk of identity theft, identity fraud, or other harm. If you would like more information related to this case please contact us using the case consultation link above.

  • $27.25 million dollars in settlement in data breach case

    Gustafson Gluek represented credit unions and a class of financial institutions whose card members’ payment data was compromised as the result of Home Depot’s deficient data security practices. These financial institutions lost time and money responding to the data breach. Plaintiffs reached a settlement agreement with Home Depot for $27.25 million for the class members.

  • Gustafson Gluek represented a class of consumers who were left susceptible to third-party tax fraud as a result of Intuit’s insufficient security measures which failed to protect them from identity theft. Plaintiffs alleged that the defendant failed to safeguard sensitive personal data, resulting in billions of dollars in fraudulent tax filings. Many of these consumers lost time and money responding to the data breach and have ongoing issues with the IRS due to the fraudulent tax filings as well as facing ongoing risk of identity theft, identity fraud, or other harm. Plaintiffs reached a non-monetary settlement of credit monitoring services and enhanced security measures against tax identity fraud. Those individual class members with varying amounts of actual monetary injuries still are able to individually pursue their damages under this settlement.

  • Gustafson Gluek serves on the Executive Committee representing individuals who have had their personally identifiable information and their personal health information exposed in a breach of Netgain Technology, LLC’s cloud-enabled information technology. Netgain’s inadequate data practices resulted in hackers accessing this information and then demanding a ransom, which Netgain paid. This case is in the early stages of litigation. If you would like more information related to this case please contact us using the case consultation link above.