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Best Buy and Delta Airlines, along with software company 24/7, have been hit with a class action lawsuit over an alleged data breach that exposed the personal information of thousands of consumers.
Lead plaintiffs, including a customer of Best Buy and a Delta Airlines customer, allege that the online chat services the companies outsourced to 24/7 were compromised in a data breach.
The Best Buy, Delta class action lawsuit claims that the companies failed to properly protect consumers’ personal information despite the rash of data breaches rocking the consumer world lately.
“Defendants could have prevented this Data Breach,” say the plaintiffs. “Data breaches in the last few years have been the result of infiltration of computer systems in which Customer Data is exchanged. While many retailers, restaurant chains, and other companies using such systems have responded to recent breaches by adopting technology that helps make communication and transactions more secure, Defendants did not.”
The Delta, Best Buy data breach class action lawsuit also accuses Best Buy, Delta, and 24/7 of failing to disclose the data breach in a timely manner. According to the plaintiffs, the data breach occurred six months before they were notified.
This is not the only class action sparked by the data breach – Delta has been hit with its own class action lawsuit.
The plaintiffs accuse the companies of compromising a slew of personal information kept about consumers, including names, addresses, phone numbers, dates of birth, account information, credit and debit card numbers, as well as log-on information.
Although Best Buy, Delta, and 24/7 all represent to consumers that they take great care to protect their information, they do not hold true to their promises, according to the Best Buy, Delta data breach class action lawsuit.
“Instead, Defendants disregarded the rights of Plaintiffs and the Class and Subclass members, by, through themselves and their agent 24/7, intentionally, willfully, recklessly, or negligently failing to take adequate and reasonable measures to ensure Defendants’ data systems were protected, failing to disclose to their customers the material fact that they did not have adequate computer systems and security practices to safeguard Customer Data, failing to take available steps to prevent and stop the breach from ever happening, failing to timely monitor and detect the Data Breach, and failing to timely notify consumers of the Data Breach,” the Best Buy class action lawsuit states.
Further, say the plaintiffs, the harm of the data breach was exacerbated by 24/7’s inability to detect the malware that caused the data breach and report it to Delta and Best Buy. Consumers lost precious time protecting their personal information, increasing their risk of identity theft.
The Delta, Best Buy class action lawsuit alleges that Class Members have suffered a number of harms as a result of the data breach, including unauthorized charges, theft of personal financial information, costs associated with finding and stopping identity theft, and the hassle of suspending and freezing accounts affected by the data breach.
“Further, Plaintiffs retain a significant interest in ensuring that their Customer Data, which, while stolen, remains in the possession of Defendants, is protected from further breaches, and seek to remedy the harms they have suffered on behalf of themselves and other similarly situated consumers whose Customer Data was stolen as a result of the Data Breach,” the Delta data breach class action lawsuit claims.
The plaintiffs seek to represent nationwide Classes of Best Buy and Delta customers who used the online chat provided by 24/7.
The Best Buy, Delta class action lawsuit is seeking damages, as well as an award of credit monitoring services paid for by the defendants.
The plaintiffs are represented by Clayeo C. Arnold and Joshua H. Watson of Clayeo C. Arnold, A Professional Law Corporation, and John A. Yanchunis and Ryan J. McGee of Morgan & Morgan Complex Litigation Group.
The Best Buy, Delta, and 24/7 Data Breach Class Action Lawsuit is Ford, et al. v. 24/7 Inc., et al., Case No. 5:18-cv-02770-NC, in the U.S. District Court for the Northern District of California.
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