Brigette Honaker  |  December 2, 2019

Category: Data Breach

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facebook homepage on computer screenConsumers in a Facebook data breach class action lawsuit recently won Class certification for injunctive relief, although two other proposed Classes were rejected.

In 2018, hackers reportedly took advantage of a fault in Facebook’s security which allowed them to access consumer information.

As a result, hackers reportedly collected information of 29 million Facebook users around the world – including 4 million users from the United States.

U.S. District Judge William Alsup recently certified a worldwide Class of consumers affected by the 2018 Facebook data breach. Class Members include all consumers who had their information compromise in the Facebook data breach announced on Sept. 28, 2018.

Plaintiff Stephen Adkins, who filed his Facebook class action lawsuit on the same day that the breach was announced, was appointed Class representative by Judge Alsup.

On behalf of himself and the Class Members, Adkins reportedly seeks a declaration that Facebook’s security measures are not enough to protect consumer information. Based on this, Adkins aims to have Facebook ordered to beef up their security – including the addition of third party security auditors and periodic security testing.

Facebook argued against the certification of the Class, stating that Adkins can’t seek prospective injunctive relief because the company had already “fixed the bug that caused the data breach.” Judge Alsup denied this reasoning, finding that the social media giant’s “repetitive losses of users’ privacy supplies a long-term need for supervision” and justifies Class certification.

Although Judge Alsup certified the worldwide Class, he declined to certify two other Classes proposed by Adkins. Unlike the worldwide Class, the two rejected Classes sought future credit monitoring and monetary compensation for time spent mitigating data breach problems.

Some affected Class Members may have paid money for credit monitoring, but Judge Alsup determined that Adkins could not be a Class representative for these consumers because he has not paid any money in relation to the 2018 Facebook data breach.

The proposed Class for lost time compensation was reportedly found to be invalid because the issue was too specific to individual consumers.

The original Facebook class action argued that 50 million users had been affected by the breach, although that figure was narrowed to 29 million in first and second amended complaints. The original suit also included several plaintiffs other than Adkins, although these plaintiffs later voluntarily withdrew from the Facebook class action.

Since Adkins filed the Facebook data breach class action, Judge Alsup has trimmed a significant number of claims. However, claims regarding negligence were allowed to move forward.

Judge Alsup has reportedly been equally strict for Facebook, telling the company’s attorneys that he would allow “bone-crushing” discovery since it was unknown how badly consumers were affected by the data breach. This discovery would reportedly help consumers determine if the plaintiff claims were worth “real money” or only “some cosmetic injunctive relief.”

Are you a member of the recently certified Class? Share your experiences in the comment section below!

The plaintiff and Class Members are represented by Andrew Friedman of Cohen Milstein Sellers & Toll PLLC, John Yanchunis of Morgan & Morgan Complex Litigation Group and Ariana Tadler of Tadler Law LLP.

The Facebook Data Breach Class Action Lawsuit is Adkins v. Facebook Inc., Case No. 3:18-cv-05982, in the U.S. District Court for the Northern District of California.

UPDATE: On Feb. 7, 2020, Facebook users are requesting court approval to pay their attorneys $16 million to cover fees related to a recently reached data breach class action settlement.

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293 thoughts onFacebook Data Breach Class Action Gets Certification for Injunctive Relief

  1. Nancy Finch says:

    Add me please. I even received a letter from them stating my personal information compromised.

  2. Janice Edwards says:

    Please add me

  3. Jeanne Breher Ball says:

    Please add me to the lawsuit

  4. Brandon Stallard says:

    Add me. Facebook needs to go down. They create ghost profiles of people.

  5. Kathryn Halasi says:

    Please Add me

  6. Annette Romero says:

    Please add me.

  7. Peggy West says:

    Please add me

  8. Deborah Wallech says:

    Add me

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