Emily Sortor  |  August 26, 2020

Category: Data Breach

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An open combination lock lies on top of a stack of credit cards on top of a computer keyboard - Dave banking app

 

Dave app users have filed a class action lawsuit against the owners of the popular online financial tool, saying the service imperiled the personal information of more than 7.5 million users because of a data breach.

The Dave banking app class action lawsuit was filed by five Dave users — Sadia Calixte, Gregory Hurling, Jvanne Rhodes, Freddie Talley and Oral Talley.

The users explain that Dave is an online financial tool that provides an alternative way for banking customers to conduct a range of transactions without going through traditional banks.

Allegedly, the site allows users to get cash advances, monitors customers’ bank accounts for potential overdrafts, warns customers when they are approaching an overdraft and analyzes customers’ spending habits.

To do this, the site collects a significant amount of personal identification information (PII) and maintains access to this information. CPO Magazine explains that the information collected by Dave is more than what other financial apps might maintain. 

CPO goes on to say Dave used to contract with Waydev for analytics.

Allegedly, Waydev suffered a data breach, and because much of Dave’s user data had been transferred to Waydev, this information was compromised.

As a result, personal information of more than 7.5 million users ended up becoming publicly available, CPO says.

Waydev’s data allegedly appeared on RAID, a hacking forum. Now, the data from Dave is up on RAID, inviting hackers to download it for free.

According to ZDNet, information that was revealed includes full names, email addresses, phone numbers, birth dates and addresses, as well as encrypted Social Security numbers.  

Dave’s website says when Dave was told about the breach, the company launched an investigation into the issue. Reportedly, the company is notifying customers and resetting Dave passwords. 

However, users said Dave waited too long — almost a month — to tell customers about the issue.

Customers complained that the notice sent to the public did not provide enough information about how the data breach occurred; they claim the company merely alleged that the breach occurred at a third-party vendor with whom Dave no longer works.

Additionally, users claim that Dave is not doing enough mediate the effect of the breach on customers.

They note that Dave “suggested” users reset their passwords.

Woman uses internet banking on tablet - Dave banking app

The company also reportedly offered to enroll users in the Mastercard ID Theft Protection program through the end of 2021.

Supposedly, this site would help users recover from the data beach as it would freeze their credit cards, send a notice to the three major credit reporting agencies and help them make affidavits.

The Dave data breach class action lawsuit says Dave disregarded its users’ rights by not taking adequate measures to protect their personal and sensitive data.

The customers say Dave “intentionally, willfully, recklessly, or negligently” failed to take sufficient measures to safeguard the data.

Additionally, the company reportedly failed to disclose that it and third-party vendors did not have adequate security measures in place to keep user data safe.

The Dave banking app data breach class action lawsuit says that as a result of the company’s negligence, millions of users face identity theft, fraud and financial injury.

The plaintiffs note that fraud and identity theft can take years to recover from, and state that an instance of fraud and identity theft can take years to resolve, involving an investment of both money and time.

Because of the Dave banking app data breach, users say, they and millions of others “will forever be at a heightened risk of identify theft and fraud.”

Dave reportedly knew it could be a target for hackers because it stores such a significant amount of user data.

Users say Dave’s own situation as well as data breaches experienced by other companies should have been enough to impress upon the company the importance of data security.

The Dave banking app data breach class action settlement goes on to state that Dave touts its data security to users, saying it uses “industry standard encryption,” and tells customers that no third-party site has access to user info.

However, users say Dave failed to live up to the promises it makes regarding information security.

Have you ever had your information compromised in a data breach? Share your experiences in the comments below.

The Dave users are represented by Michael F. Ram, Marie N. Appel, John A. Yanchunis and Patrick A. Barthle of Morgan & Morgan Complex Litigation Group and by Joel Rhine, Martin Ramey and Janet Coleman of Rhine Law Firm PC. 

The Dave Financial Tool Class Action Lawsuit is Sadia Calixte, et al. v. Dave Inc., Case No. 2:20-cv-07704, in the U.S. District Court for the Central District of California, Western Division.

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493 thoughts onDave Banking App Users File Data Breach Class Action Lawsuit

  1. Calvin Lustey says:

    I have been banking with Dave since 2019, I have always had issues with this “Bank”, this is the last time I’m so over this b.s., my check from work was deposited Wednesday, for over 2 grand, and here it is Friday still not showing up in my account, **ADD ME TO THIS LIST** I also think there needs to be a different *CLASS ACTION LAWSUIT* AGAINST “DAVE” bank for not giving me my hard earned money this is not the first time this has happened either, they are stealing my money

    1. Michelle Peterson says:

      Mine two 1600 is what they got me for. I would like to get together with the customers who have been scammed right on out of their money with no resolve and or ownership of responsibility as to what or where my money has gone. My transactions were initially done using the add money transfer and the first time they I moved money it was 100 and it showed up on my virtual banking in 3 days as said. Then following month I was to transfer 800 and that was to be done in 5 days which was odd but ok and then on the fifth day still no deposit showing so I viewed my external banking statement and it was documented as my debit card atm withdrawal from my WaFed account. But that’s not true I never went to an atm to withdrawal the money I initially used the app as I did the month before only it wasn’t listed as such so of course Dave said they couldn’t help me because it doesn’t show as a record of a deposit. So I contacted my bank and the lady asked if I wanted to file a claim I said yes . I explained the situation but she sounded like I was bullshitting her but filed the claim. Witching 6 days I recurved a letter saying that they have completed their investigation and determined that the atm footage matched my id and therefore my claim will not be honored. I was furious so I called my bank and spoke to a guy this time and I re explained the situation and he said “ oh so this isn’t an atm withdrawal transaction?” I said no I did this transfer from the mobile app and it showed read that it had been sucessful. Anyway I have numerous emails then in contacting Dave asking for an explanation to tell me how this could happen. And this transaction I had forgot that I had made this a reoccurring transaction and so the following month which is this month, that same reoccurring made it to my account only this time it actually said a Dave transaction. Initial start date the 3 completion by the 10th and nothing happened they said it was cancelled due to insufficient funds which I had 1500 in the bank and they said they returned it and that was a lie. So I’ve done everything I can and contacted every department I could and they no longer respond to my messages. I am on a fixed income and I too have been evicted and my phone service was shut off causing me to lose my job because it is was essential for my job requirements. I have nothing saved up and am staying in a shed at a friends house and I cannot recover financially from this. There response is I understand you frustration and let us take a further look into this issue and we will get back to you. Thanks for your patience. “ My name is Michelle Peterson and my email is rbaction3@gmail.com please feel free to contact me if you would like to go after Dave for our money and take what they took back from us!

  2. Ramces delgadoramces@gmail.com says:

    Soy parte del grupo que también me robaron mi información y todo lo demás me quiero unir al grupo de demanda para así poder desmantelar está redes que andan robando.

  3. Tracy L Ballin says:

    I was banking with Dave during this time I want results

  4. Shataysha Kelley says:

    I would like to be added to the list. Someone has been trying to access my account for days sending emails and codes to my phone and requested my account to be closed. Dave refuses to close account due to balance from fraudulent advance.Now they got into it somehow and have gotten a $50 advance and took over $40 in Dave spending money and Dave customer service is not doing anything to lock my account and protect my information.

  5. Benjamin Falconer says:

    My information was in the data breach. I was just notified of my information being leaked through experian. I was not notified by Dave and had to pay for protection services to obtain this information. Hacking a website I can see as non detrimental but a bank?! I would like to take action. Please sign me up

  6. Ariana says:

    Can I be added to this case? I just found out by filing my taxes with TurboTax that my social security and all my other information has been leaked and it was from dave?! I haven’t been on the account in a while and tried to go on to hopefully delete the account but I can’t even get in, and there is currently someone in WA using my social. I don’t know what I’m supposed to do now! I want to sue!

    1. Christopher Boisaubin says:

      Out of the blue yesterday I received an email saying my account was ‘cancelled’ and gave no reason. Upon finally reaching someone they said my account was closed for ‘suspicious’ activity. Possibly someone used my stolen information from Dave to hack my Dave accounr?account??
      Regardless, they have my money and will mail me a check (an internet company touting technology) after I send 2 forms of ID.
      More importantly, my Social Security is direct deposited to this crap organizations, and will be returned to SSA where I probably won’t see it for months.
      Considering I live on SS, have lung cancer, live alone with my dogs, and live barely check to check, this may put me on the street. I have no funds now to Uber to Chemo or eat or pay my bills.
      My only assets are a few Grateful Dead mementos and a 2001 bug. My life, already pretty f’d up, was just destroyed by a company who showed me they don’t care and will probably pay no price for it.
      I want to join this class.

  7. Kyeshia Scott says:

    I had no idea of this data breech leek i just found out through my Guardio account about my information being spreaed around the internet may you please add me to this case please.

  8. Felix Maldonado says:

    Please add me I also received an email from Dave

    1. Corenelius says:

      6788105157

      1. Felix Maldonado says:

        Are you replying to me ?

  9. Marlin Gillette says:

    I would like to added to data breach.i used to use Dave but not anymore.I found out thru credit karma my info was breached Dave didn’t notify me.Thanks

  10. Erica Williams says:

    I just want to be added onto this list cause now I can’t get into my suit and nobody answering my questions either.

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