Advance Auto Parts class action claims data breach affects employees, applicants

Advance Auto Parts class action lawsuit overview: 

• Who: Charles McGee filed a class action lawsuit against Advance Auto Parts Inc. 
• Why: McGee claims Advance Auto Parts bears responsibility for a data breach that was identified last month. 
• Where: The class action lawsuit was filed in North Carolina federal court. 

Advance Auto Parts bears responsibility for a data breach identified last month that affected company employees, a new class action lawsuit alleges. 

Plaintiff Charles McGee’s class action lawsuit claims Advance Auto Parts assumed a duty to “use due care” to protect private information it was provided, yet stored the information on a database that was “negligently and/or recklessly configured.” 

“Defendant assumed legal and equitable duties to those individuals to protect and safeguard that information from unauthorized access and intrusion,” the Advance Auto Parts class action says. 

McGee wants to represent a nationwide class of all persons whose private information was actually or potentially accessed or acquired during the Advance Auto Parts data breach. 

Class action: Advance Auto Parts failed to provide adequate notice of data breach

McGee argues the data breach — which was recently disclosed by Advance Auto Parts to the U.S. Securities and Exchange Commission — was the result of the private information being stored on a database that was not password protected. 

“Foreseeably, cybercriminals exploited this obvious vulnerability, exfiltrated Plaintiff’s and Class Members’ Private Information from the database, and then listed this information for sale on the dark web,” the Advance Auto Parts class action says. 

McGee claims Advance Auto Parts also failed to provide adequate notice to himself and other proposed class members that their information had been stolen and listed for sale on the dark web. 

The Advance Auto Parts class action lawsuit is brought under claims of negligence and negligence per se, breach of implied contract and unjust enrichment. 

The plaintiff demands a jury trial and requests injunctive and declaratory relief and an award of actual, consequential and nominal damages for himself and all class members. 

A separate class action lawsuit filed against Advance Auto Parts last year claims the company failed to provide proper accommodations for nursing employees, in an alleged violation of federal law. 

Were you affected by the Advance Auto Parts data breach? Let us know in the comments.

The plaintiff is represented by Seth C. Harris and Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC and Bryan L. Bleichner and Philip J. Krzeski of Chestnut Cambronne PA. 

The Advance Auto Parts class action lawsuit is McGee, et al. v. Advance Auto Parts, Inc., Case No. 5:24-cv-00352, in the U.S. District Court for the Eastern District of North Carolina.

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