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. Crystal Aytes says:

    I want to sign up for the Dave class action lawsuit

  2. Nicole says:

    Dave leaked my info as well

  3. Lynnette M Wakefield says:

    Have data breach on credit report from this company information used and compromised

  4. Bruce mark Woodruff says:

    i have a alert on my credit report that says i had dave the app compromised.
    can you please sign me up for it.

  5. Mikayla McDaniel says:

    My data was leaked as well as my ssn

  6. Diana Argo says:

    Dave has also sold my information to the dark web resulting in me having several hospital bills in Florida of which we’re not mine , and I hadn’t even been to Florida

  7. Courtney Barraque says:

    My data was breeched as well didn’t find out untill 1 year later I need someone to help me get my identity saved in off the dark web as well as compensation for stress in time in all the problems this has cost me

    1. Michael says:

      Dave shut my account down. My account was hacked twice. The first time it was paid back by Dave. But the overnight it was hacked again. Over 25 withdrawls.. Filed another complaint and they shut down the entire account down. As well with the rest of my money. They owe me over $500 and refuse to pay. My bank statement proves Everything!! So they cancelled all forms of communication from me for 2 months. I have may 3 weeks left… That caused 3 bills to get behind and no money to buy food at all

  8. Nat B. says:

    I want in on whatever lawsuits is going on against Dave too. It was only $40 but it was money I really needed and it just disappeared and when I called Dave they said they would investigate into it but never gave me any helpful info or my money back. That was Jan 2023 and I haven’t heard anything back from them. Now that I realize it’s not just my money that got stolen but all my private important info been hacked and let out into the public I’m mad and stressed.

  9. Marcel says:

    I learned within the last few days of my information being breached; I’d like to join in however I can, Dave has consistently been unreliable when displaying my balance or it becomes unavailable completely at times freezing me out, after learning about this I’d like to share more and get involved in the case against Dave if the case hasn’t already been closed; please email

    1. Christine thomason says:

      I also had advances taken out from Dave without my permission. Then who ever did it also had access to my varo acct. Took money to pay for one advance so they could get a higher
      amount advance. Luckily I caught it . Notified Dave customer service and evolve bank who handles Dave’s paperwork etc. Disputed the transactions with my bank with no resolve. I then rec an email stating I was a liability to Dave Bank and they closed my account. Also I never received a MasterCard from Dave they said they sent. I am a law abiding citizen. And to have my name slandered when it was no fault of my own is appalling. I am out 300. And a slandered name and no telling who else my info was leaked out to. Luckily I took screen shots of all correspondence with Dave and Varo. I am on a fixed income I was evicted when I couldn’t pay my rent because of this ,left homeless. Because they didn’t protect my information. Please help I’ve just recently was told my info was in the security breach.

      1. Cyndi Garcia says:

        I also have a problem with Dave. I’m on a fixed income too, Dave has taken $200 from my account before and recently has taken $180. When I called them to dispute these charges, I was told that my money would be returned within 7 to 10 business days. I called cause its been longer and they tried to tell me that it was canceled but I never received the money back into my account. I’m now facing homelessness myself.

  10. TaEast W says:

    Dave’s full of shit! I found out I was breached as well through two of the credit bureaus. Nobody is safe! I wish I can upload the screenshots of Dave breaching me!

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