Walmart and CaptureRx recklessly violated the privacy rights of Missouri customers through a recent data breach that exposed personal information including prescriptions, a new class action lawsuit alleges.
An anonymous plaintiff filed the class action against CaptureRx and Walmart, Inc. Tuesday in a Missouri federal court, alleging the companies violated multiple federal and state laws in the handling of a Feb. 6, 2021, data breach.
The customer says CaptureRx’s patients entrusted their personal health information (PHI) to it and Walmart, but the companies “betrayed” them by not properly safeguarding that information.
In the Feb. 6 breach, the customer and thousands of others had their first name, last name, date of birth, and prescription information exposed to third parties, according to the claim.
“Defendants flagrantly disregarded Plaintiff’s and the other Class Members’ privacy and property rights by intentionally, willfully and recklessly failing to take the necessary precautions required to safeguard and protect Plaintiff’s and the other Class Members’ PHI and PII from unauthorized disclosure,” the class action states.
The patient and other Class Members’ PHI and PII was improperly handled, inadequately protected, readily able to be copied by thieves and not kept in accordance with basic security protocols, the claim alleges.
The patient adds that individuals whose PHI and PII is subject to a reported data breach are approximately 9.5 times more likely than the general public to suffer identity fraud or identity theft, according to Javelin Strategy & Research, a provider of quantitative and qualitative research.
The Walmart customer is seeking to represent all Missouri citizens who were patients or guardians of patients of the companies since Aug. 31, 2016, and whose personal identifiable information (PII) was exposed to third parties in the breach.
The patient is suing for breach of implied contract, negligence, invasion of privacy by public disclosure of private facts, breach of duty of confidentiality and violations of Missouri merchandising laws, as well as seeking certification of the class action, damages, proper notice of the breach, fees, costs, interest and a jury trial.
American multinational retail corporation Walmart is the world’s biggest retail company with a reported revenue of US$514.405 billion, according to the Fortune Global 500 2019 list.
The consumer goods, food produce and retail corporation has found itself facing a range of consumer backlash regarding improper company practices, employment discrimination, and more, which have resulted in a range of class action lawsuits being filed.
The Walmart lawsuit filings follow claims of customer data breach, price exploitation, an unfair COVID-19 return policy, and more. Click here to discover more lawsuits against Walmart.
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 Maureen M. Brady, Lucy McShane and Nicholas J. Luedecke of Mcshane & Brady, LLC, and Anne Schiavone of Holman Schiavone, LLC.
The Walmart and CaptureRX Data Breach Class Action Lawsuit is D.W. et al., v. Walmart, Inc. et al., Case No. 4:21-cv-00363-SRB, in the U.S. District Court for the Western District of Missouri.
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