Anna Bradley-Smith  |  July 23, 2021

Category: Data Breach

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data breach class action against USA Waste Management
(Photo Credit: Andrey_Popov/Shutterstock)

USA Waste Management failed to secure employees’ personal data, resulting in a data breach that has put the workers at risk of identity theft and left them suffering from anxiety over whether their stolen data will be used, a new class action lawsuit alleges.

The nationwide Waste Management class action lawsuit was filed in New York on July 19 by lead Plaintiff Gabriel Fierro, a USA Waste Management employee, who alleges that the company failed him and other employees by violating a number of state and federal laws, and by not alerting them to the damage promptly.

According to the data breach class action lawsuit, USA Waste Management, which boasts that it is one of the “world’s most ethical companies,” failed to meet its obligation to protect the sensitive personal identifying information entrusted to it by its current and former employees.

The waste management and environmental services company violated workers’ trust, leaving Fierro and around 268,510 other employees, former employees, and their dependents who had their personal information stolen by computer hackers to deal with the consequences, the data breach lawsuit alleges.

Fierro, who started working as a truck driver at the company in California in 2019, says that he received a Notice of Data Breach from his employer on May 28, 2021. The breach occurred between January 21 and 23, 2021, the claim states.

“After receiving notification of the Data Breach, Plaintiff Fierro noticed an uptick in the amount and frequency of spam calls he was receiving, specifically including unwanted calls purporting to be from the Internal Revenue Service, Department of Motor Vehicles and sales of car warranties,” the claim reads.

It adds that Fierro suffered actual injury in the form of damages to, and diminution in, the value of his personal information — a form of intangible property that he entrusted to his employer about two years ago for the purpose of his employment.

“Plaintiff Fierro has also suffered actual injury in the forms of lost time and opportunity costs, annoyance, interference, and inconvenience as a result of the Data Breach, and has anxiety and increased concerns due to the loss of his privacy and the substantial risk of fraud and identity theft which he now faces,” the USA Waste Management data breach claim says.

Fierro says that the experience has caused him a great deal of anxiety and that he will continue to be at heightened risk for financial fraud, identity theft, other forms of fraud, and the attendant damages, for years to come.

Data thieves can use the stolen data to commit numerous crimes including opening new financial accounts, taking out loans, obtaining medical services, obtaining government benefits, filing fraudulent tax returns, obtaining driver’s licenses, and giving false information to police during an arrest, according to the USA Waste Management data breach class action lawsuit.

“As a result of Defendants’ failure to provide reasonable and adequate data security, Plaintiff and the Class members have been exposed to a heightened and imminent risk of fraud and identity theft. Plaintiff and Class members must now and in the future closely monitor their financial accounts to guard against identity theft.”

Fierro wants to represent anyone that works or worked for USA Waste Management who had their data stolen. He also wants to represent a California subclass.

He is suing for negligence, breach of implied contract, fiduciary duty and confidence, invasion of privacy, and violation of California consumer and competition laws. He seeks Certification of the class, injunctive relief, damages, interest, legal costs, and a jury trial.

Have you ever been the victim of a data breach? Tell us your experience in the comments section!

Fierro is represented by Karen Wilson, Esq. of Wilson & Brown, PLLC and Gayle M. Blatt of Casey Gerry Schenk Francavilla Blatt & Penfield, LLP.

The USA Waste Management Data Breach Class Action Lawsuit is Fierro v. USA Waste-Management Resources, LLC, et al., Case No. 1:21-cv-06147 in the U.S. District Court For The Southern District Of New York.


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One thought on USA Waste Management Failed Employees With Data Breach, Put Them at Risk of Theft, Class Action Alleges

  1. LISA HAWKINS says:

    Please add me

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