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Data Breach Litigation

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.  Gustafson Gluek has acted as class counsel and in leadership capacities in these cases.

  • Landwehr v. AOL Inc. (E.D. Va.) Gustafson Gluek served as class counsel in this lawsuit, alleging that AOL made available for download its members’ search history data, which violated these AOL members’ right to privacy under the Federal Electronic Communications Privacy Act.  Plaintiffs reached a settlement with AOL that made $5 million available to pay the claims of class members whose search data was made available for download by AOL.
  • In re The Home Depot, Inc., Customer Data Security Breach Litigation (N.D. Ga.) Gustafson Gluek represents credit unions and a proposed class of financial institutions whose card members’ payment data was compromised as the result of the Home Depot’s deficient data security practices.  These financial institutions have lost time and money responding to the data breach.
  • Greater Chautauqua Federal Credit Union v. Kmart Corporation  (N.D. Ill.) Gustafson Gluek serves on the court-appointed plaintiffs’ steering committee representing a proposed class of financial institutions whose card members’ payment data was compromised as a result of Kmart’s deficient data security practices.  These financial institutions have lost time and money responding to the data breach.
  • In re Experian Data Breach Litigation (C.D. Cal.) Gustafson Gluek represents plaintiffs and a proposed 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 have lost time and money responding to the data breach, and they face an ongoing risk of identity theft, identity fraud, or other harm.
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