Fidelity National Financial class action claims company responsible for data breach affecting 1.3M

Fidelity National Financial data breach class action lawsuit overview: 

• Who: Cody Kettlewood and Richard Freire filed a class action lawsuit against Fidelity National Financial Inc. and LoanCare LLC. 
• Why: Kettlewood and Freire claim Fidelity National Financial and its subsidiary LoanCare failed to properly safeguard and secure the personally identifiable information of more than 1.3 million consumers during a data breach that was publicly announced by the companies last month. 
• Where: The class action lawsuit was filed in Florida federal court. 

Fidelity National Financial bears responsibility for a data breach that exposed the personally identifiable information (PII) of more than 1.3 million consumers last year, a new class action lawsuit alleges. 

Plaintiffs Cody Kettlewood and Richard Freire claim Fidelity National Financial — along with its subsidiary LoanCare — failed to properly safeguard and secure PII that was entrusted to them, during a data breach Fidelity National Financial first publicly disclosed to the Securities and Exchange Commission (SEC) on Nov. 19, 2023, and announced to customers in December 2023.   

“Defendants owed Plaintiffs and Class Members a duty to take all reasonable and necessary measures to keep the PII they collected safe and secure from unauthorized access,” the Fidelity National Financial class action states. 

Kettlewood and Freire want to represent a nationwide class and subclasses of Delaware and Florida consumers who had their personal information compromised in the data breach publicly announced by Fidelity National Financial and LoanCare in December 2023. 

Fidelity National Financial customers allegedly at risk of having data sold on the dark web

Kettlewood and Freire argue LoanCare’s first public disclosure of the data breach did not come until Dec. 20, 2023, and that its customers were not notified of the data breach until around Dec. 22, 2023. 

Consumers who were affected by the data breach are now at risk of having their stolen data sold on the dark web and illegally used in the future, the Fidelity National Financial class action alleges. 

Kettlewood and Freire claim Fidelity National Financial and LoanCare are guilty of negligence, breach of implied contract, unjust enrichment and breach of the implied covenant of good faith and fair dealing and of violating state law in Delaware and Florida. 

The plaintiffs are demanding a jury trial and requesting declaratory and injunctive relief, along with an award of statutory damages for themselves and all class members. 

A similar class action lawsuit was filed against Progress Software Corp. and others last month by a group of consumers arguing they failed to adequately safeguard and secure their private data during data breaches that occurred in the wake of a cyberattack on Progress Software’s MOVEit file transfer software in May 2023. 

Was your personal data exposed during the Fidelity National Financial data breach? Let us know in the comments.

The plaintiffs are represented by Jonathan M. Stein of SteinLaw Florida PLLC and Mark S. Reich, Courtney Maccarone and Gary I. Ishimoto of Levi & Korsinsky LLP. 

The Fidelity National Financial class action lawsuit is Kettlewood, et al. v. Fidelity National Financial Inc., et al., Case No. 3:24-cv-00012, in the U.S. District Court for the Middle District of Florida.

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