EMSI class action alleges data breach affected 54,000 customers

EMSI data breach class action overview: 

• Who: Electrostim Medical Services Inc. (EMSI) is facing a class action lawsuit over a data breach that affected the personal information of 540,000 users.
• Why: The class action accuses EMSI of failing to properly protect user data, leaving its customers vulnerable to identity theft.
• Where: The EMSI data breach class action was filed in federal court in Tampa, Florida.

Medical device company Electrostim Medical Services Inc. (EMSI) is facing a class action lawsuit alleging it did not properly protect its customers from a data breach that affected 540,000 users’ information.

Between April 27 and May 13, 2023, an unknown individual or group gained access to EMSI’s system, including customer demographic information like addresses, emails, phone numbers, medical treatment and insurance information, the EMSI class action says.

“Defendant failed to adequately protect plaintiff’s and class members’ private information — and failed to even encrypt or redact this highly sensitive information,” the EMSI data breach lawsuit says. “This unencrypted, unredacted private information was compromised due to defendant’s negligent and/or careless acts and omissions and their utter failure to protect its customers’ sensitive data.”

EMSI customers allegedly suffered invasion of privacy 

Beyond experiencing an invasion of privacy, EMSI customers lost time and suffered opportunity costs while trying to mitigate the consequences of the theft of their data, the lawsuit claims.

Lead plaintiff Sherry Heflin obtained services from EMSI in 2017 and has had to spend time researching the data breach and monitoring her financial accounts for fraudulent activity, the lawsuit claims.

“Plaintiff also suffered actual injury in the form of experiencing an increase in spam calls, texts, and/or emails, which, upon information and belief, was caused by the data breach,” the lawsuit claims.

In addition, Heflin allegedly suffered fear, anxiety and stress while still not being informed fully of what portions of her data were compromised, according to the EMSI class action.

The majority of the internet-using population was recently affected by what is being called the mother of all data breaches.

Are you impacted by the EMSI data breach? Let us know in the comments.

The plaintiff is represented by Scott J. Ferrell of Pacific Trial Attorneys APC.

The EMSI data breach class action lawsuit is Heflin v. Electrostim Medical Services Inc. d/b/a EMSI, Case No. 8:24-cv-00163, in the U.S. District Court for the Middle District of Florida Tampa Division.

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