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T-Mobile and Experian North America Inc. have been hit with a potential class action lawsuit over allegations that due to substandard security practices, more than 15 million T-Mobile customers had their sensitive data hacked.
Experian states in an FAQ about the incident that it discovered on Sept. 15, 2015 that hackers had accessed T-Mobile data housed on an Experian server. T-Mobile used Experian to conduct credit checks on its customers. As a result, anyone who applied for a T-Mobile prostpaid services or device financing between Sept. 1, 2013 and Sept. 16, 2015 might be affected.
Lead plaintiffs Brendan Moore and Matthew DeVito filed the T-Mobile/Experian data breach class action lawsuit on October 2, claiming that Experian notified T-Mobile about the data hack on or about October 1, and that Experian and T-Mobile were negligent in their duty to protect the confidential information of their customers.
According to the Experian class action lawsuit, personal information including names, addresses, birth dates, Social Security numbers, driver’s licenses numbers and passport numbers were taken in the data breach.
Plaintiffs Moore and DeVito claim that they have already experienced suspicious activity related to the T-Mobile data hack. The class action lawsuit states that the plaintiffs have noticed that fraudulent home loan applications have appeared on their credit reports. The T-Mobile class action lawsuit claims that due to the security breach both the plaintiffs and future Class Members will incur actual damages in an attempt to prevent identity theft.
The T-Mobile data hack class action lawsuit alleges that the cell phone company misled the plaintiffs into believing that their sensitive information would be protected.
The plaintiffs have accused Experian of recklessly violating the Fair Credit Reporting Act, stating that “It was reasonably foreseeable to defendant that its failure to identify, implement, maintain and monitor the proper data security measures, policies, procedures, protocols, and software and hardware systems to safeguard and protect plaintiffs’ and Class Members’ consumer credit information would result in a security lapse, whereby unauthorized third parties would gain access to, and disseminate, plaintiffs’ and class members’ consumer credit information into the public domain for no permissible purpose under FCRA.”
Both Experian and T-Mobile have already offered two free years of credit monitoring and identity restoration services for consumers affected by the breach. Go to www.protectmyID.com/securityincident or call Experian at 866-369-0422 to enroll. Consumers are asked to enroll by April 30, 2016.
According to plaintiffs, however, two years of free credit monitoring is not enough.
The data breach class action lawsuit is seeking injunctive relief that would force Experian to notify all possible victims of the data hack and provide free credit monitoring to all future Class Members for at least the next six years. In addition, the plaintiffs are also requesting that Experian conduct on-going tests and audits in order to improve their security.
This is not the first time Experian has experienced a data hack. In 2012, a security breach attack on an Experian subsidiary exposed the Social Security numbers of 200 million U.S. residents.
Plaintiffs Moore and DeVito filed the T-Mobile class action lawsuit just one day after the cell phone company announced that the data hack had occurred and the private information of their customers used for credit checks had been stolen. The data breach class action lawsuit is seeking more than $5 million in damages from both Experian and T-Mobile to financially compensate potential Class Members.
Once approved, the T-Mobile class action lawsuit will be open to all Class Members who who applied for credit with the phone company between Sept. 1, 2013 and Sept. 16, 2015.
The plaintiffs are represented by Edward Anthony Wallace of Wexler Wallace LLP.
The T-Mobile Data Hack Class Action Lawsuit is Moore, et al. v. Experian North America Inc., et al., Case No. 1:15-cv-08771, in the U.S. District Court for the Northern District of Illinois.
UPDATE: On Nov. 12, 2018, T-Mobile customers and Experian have reached a settlement which requires the credit monitoring company to pay $22 million to exit a data breach class action.
UPDATE 2: January 2019, the Experian data breach class action settlement is now open. Click here to file a claim.
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69 thoughts onT-Mobile, Experian Hit with Data Breach Class Action Lawsuit
Why would I sign up for creditmonitoring service??. This company alredy prove that they cannot protect my data
You are exactly right!!! The “protect ID ” credit monitoring service they are offering two years for free is the same one that was involved with Experian two years ago dealing with yet another security breach that not a lot of people know about. Experian should not be trusted. They should not be allowed to be one of the main three credit bureaus that handle all of our sensitive information from this point forward. My husband and I just received our letters today. I will be contacting a lawyer, this is insane.
I saty lifetime credit/ID monitoring, free phone upgrades, 6 months of paid phone services as well as punative damages
This is scary.. I just received a letter today about this whole mess.. To top it off I just purchased a new car, and have been receiving loan denial notices, and I can’t tell if it’s from other banks the dealership was attempting to go through, or if it’s something else fraudulent. Guess I’ll have to keep a close eye on it. Maybe I should sign up for the 2 year ID monitoring.. But will they notify me when it’s about to expire? I’d hate to be automatically billed for something that I haven’t decided yet if I want to keep. This is very scary. I do believe that they need to compensate for this.. ID monitoring should be the addition to this if anything.. Playing with people’s credit, that hard work some people have really invested.. Most of the time this big corporations don’t even care when others have to suffer from their negligence. The real question is, why am I finding this out over a month later? I should have been notified withthin the first week! Yet they have no problem sending my bill on time.
This is what I get for signing up with T-Mobile and that idiot CEO John Legere. You’ve got to be kidding me, this involves our Social Security Numbers and potential identity theft. 5 Million is not enough compensation for all affected and the lifetime of looking over our shoulder and monitoring our credit reports. What you’ve done Experian is cause potential grief for lots of people, and this is an understatement.
You got that right. They think ID monitoring for two years is enough… That should be the bonus to go along with what every potential hardship we MAY or may not ever encounter. You hit the nail on the head.. Sleeping with one eye open tonight.
Isnt^ enough. (Excuse me)
Just received my letter today. As soneone working on purchasin a home trying to get my credit up to top notch before doing so, this makes my stomach turn. I definitely want in on this Class A Lawsuit. 2 years free identity and credit monitoring sounds like crap compensation.
Someone* purchasing
Put a credit freeze on all your accounts hurry! No one not even you can open credit w/ out calling the credit companies and giving them a 10 digit code only you have. They will lift the freeze for a day if you need to use your credit and replace it when you need.
I just received a letter today Oct 17. WTF some hacker has all my info?? Please email me when the class action comes up.
Just received my letter today. Someone tried getting a credit card with my information. How do I go about filing a lawsuit?
If we are on your email newsletter list, will we receive information from Top Class Actions on how to become a part of this class action suit? Or do we need to seek another way to get the information?
I just received a letter from Experian 10.14.15 stating there was a problem (nothing from T-Mobile) . I think the fault lies on both of the companies. The judges will find that Experian and T-Mobile both must pay the 5Mil. You are not automatically entered as a plaintiff, and you will have to contact the Law Firm handling this claim to become a named member of the class action.
i have been a customer since 2001. I guess I have a valid claim.