ADT Asks Judge to Dismiss Security Vulnerability Class Action

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ADT LLC has filed a motion to dismiss a class action lawsuit that alleges the company’s use of unencrypted wireless communication makes its security systems vulnerable to hacking, arguing that it has not been made aware that any hacks have occurred.

Plaintiff Michael Edenborough filed the security vulnerability class action lawsuit against ADT, alleging that the company’s home alarm systems which communicate wirelessly to the home’s alarm panel can “easily be suppressed or circumvented” by hackers.

ADT responded to Edenborough’s allegations by stating that it has provided home alarm systems for more than a century and currently monitors the homes of more than 6 million customers.

“In all the decades that ADT has served these millions of customers, ADT is aware of no instance in which a customer’s alarm system has ever been disabled by ‘hackers’ disrupting these wireless signals,” ADT writes in its motion to dismiss the class action lawsuit. “Nor does Michael Edenborough’s complaint allege any such disruption to his own ADT alarm system.”

Edenborough points to a Forbes magazine article from 2014 that indicated a researcher from the Department of Energy was able to interfere with the unencrypted wireless signals that allow alarm sensors to communicate with the alarm panels. However, ADT states that this study was in a controlled setting and that the class action lawsuit does not allege that the study had ever been replicated.

“Mr. Edenborough alleges no other basis for his conclusion that ADT’s alarm systems are susceptible to hacking,” ADT argues. The home security company argues that Edenborough’s claims are based solely on speculation and that the ADT class action lawsuit must be dismissed.

ADT maintains that it has upheld its contractual obligations to Edenborough by providing the promised alarm system and the alarm monitoring services. In his ADT class action lawsuit, Edenborough fails to allege that the contract contained any false or misleading statements, the security company states.

Further, ADT points to a section in the contract that informs consumers that no alarm system is able to provide complete protection and that ADT may not receive alarm signals if the power or communication system is interrupted for any reason. Therefore, Edenborough had no reason to expect that the signal would be encrypted because of this disclaimer in the contract he signed.

“The complaint is notable for its omissions,” ADT argues in its motion to dismiss the class action lawsuit. “Mr. Edenborough nowhere alleges that his ADT alarm system has ever been hacked. Nor does Mr. Edenborough cite any instance in which any other ADT customer, or any other consumer with a wireless alarm system, has ever been hacked.”

A hearing has been scheduled for July 28.

Edenborough is represented by Mark Chavez and Dan Gildor of Chavez & Gerlter LLP.

The ADT Security Vulnerability Class Action Lawsuit is Edenborough v. ADT LLC, Case No. 3:16-cv-02233, in the U.S. District Court for the Northern District of California.

UPDATE: On Oct. 24, 2016, in a partial win for ADT, a California federal judge has trimmed claims in a proposed class action lawsuit alleging the security company failed to inform customers their wireless home security systems were vulnerable to hacking.

UPDATE 2: On Jan. 24, 2017, ADT agreed to settle five separate class action lawsuits filed by consumers who claim the company misled device owners about the vulnerability of their home security systems to hacking.

UPDATE 3: On March 23, 2017, new details regarding the ADT settlement were released. According to court documents, ADT will pay $16 million to end the five different class action lawsuits. Class Members are expected to receive $15 or $45 based on when they signed their contract with ADT.

UPDATE 4: November 2017, the ADT home security hacking vulnerability class action settlement is now open. Click here to file a claim.

UPDATE 5: On Sept. 18, 2019, Top Class Actions viewers started receiving checks worth as much as $50 from the ADT class action settlement. Congratulations to everyone who filed a claim and got PAID!