Jessy Edwards  |  March 7, 2022

Category: Data Breach

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Update:

  • A Texas federal judge has given preliminary approval to a $4.75 million settlement between CaptureRX and consumers in six separate class action lawsuits that all accused the pharmacy giant of negligence after a 2021 data breach.
  • The breach exposed the prescription information, first and last names, and dates of birth of more than 2.6 million customers. California residents whose information was stored with CaptureRX can submit claims of up to $100 while consumers in other parts of the country will receive $25 cash payouts. 
  • As part of the settlement, CaptureRX will also have to “develop, implement and maintain a comprehensive information security program that is reasonably designed to protect the security, integrity and confidentiality” of patients’ personal data.
  • Class counsel says “these benefits represent a highly favorable compromise that balances the merits of plaintiffs’ claims and the likelihood of succeeding at trial and on appeal with the attendant risks. By settling now, the settlement class can take advantage of remedies that would be unavailable or worth substantially less by the time of a litigated final judgment.”

(06/03/2021)

Rite Aid and CaptureRx failed to safeguard customer information, resulting in people’s names, birthdays and prescription information being exposed to hackers, a new nationwide class action lawsuit alleges.

Plaintiff Daisy Trujillo filed the class action against CaptureRx and Rite Aid Corporation Wednesday in a Texas federal court, alleging multiple violations of federal and California state laws. 

She says people trust Rite Aid and CaptureRx with an extensive amount of their personal identification and health information, and in return, the companies assert that they understand the importance of protecting such information.

However, around Feb 11 this year, CaptureRx learned that an unauthorized actor breached its system and accessed the electronic files containing the personal information of Rite Aid’s customers, including Trujillo’s. 

The data included, at least, customers’ names, dates of birth and prescription information, which can now be sold on the dark web, the class action alleges.

“Hackers can access and then offer for sale the unencrypted, unredacted (identity and health information) to criminals. 

“Plaintiff and Class Members face a lifetime risk of identity theft, which is heightened here by the loss of their birthdates and specific medical treatment information in the form of prescription information.”

Trujillo says, on May 5, she got a Notice of Security Incident from CaptureRx informing her of the breach and that her first name, last name, date of birth, and prescription information may have been exposed. 

“After the Data Breach, Plaintiff Trujillo’s cell phone was inundated with spam telephone calls,” the class action says. “Her email account was also flooded with spam emails that she did not want to receive.”

The class action says customer information was compromised due to the defendants’ negligence. 

Trujillo is seeking to represent all United States residents whose personal information was exposed to an unauthorized party as a result of the data breach announced on May 5. 

She says Rite Aid and CaptureRx didn’t implement reasonable measures to ensure private information was safeguarded, failed to take available steps to prevent an unauthorized disclosure of data, and failed to follow protocols, policies and procedures regarding the encryption of data, even for internal use. 

Trujillo is suing for negligence, breach of contract, invasion of privacy, breach of confidence, violation of California business laws and the Medical Information Act. 

She is seeking certification of the class action, an injunction requiring the defendants to better protect customer information, an order requiring they destroy customer information, an order preventing them from keeping customer information on a cloud-based database, and other security-strengthening orders, including training, a firewall, and regular review of policies. She’s also seeking damages, fees, costs and a jury trial. 

The class action comes less than a week after Walmart and CaptureRx were accused of recklessly violating the privacy rights of Missouri customers through a recent data breach that exposed personal information including prescriptions, in another new class action lawsuit.

What do you think of the allegations of negligence in this class action lawsuit? Let us know in the comments! 

The plaintiff is represented by Joe Kendall from Kendall Law Group, PLLC and M. Anderson Berry of Clayeo C. Arnold, A Professional Law Corp. 

The Rite Aid CaptureRx Data Breach Class Action Lawsuit is Daisy Trujillo et al., v. NEC Networks, et al., Case No.  5:21-cv-00523, in the U.S. District Court Western District of Texas San Antonio Division. 

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212 thoughts onRite Aid, CaptureRx Face Nationwide Class Action Over Data Breach

  1. Scott Linman says:

    Used Pine -Sol Multipurpose Cleaner and became sick after using. Please include me in the suit.

  2. Scott Linman says:

    Please add me as my information was compromised and have suffered fraud and abuse dentity theft since the incident.

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