Genworth class action alleges insurer did not properly notify customers of data breach

Genworth data breach class action lawsuit overview: 

• Who: Noreen Smith has filed a class action lawsuit against Genworth Financial Inc. 
• Why: Smith claims Genworth failed to properly notify customers who had their personally identifiable information exposed during a May data breach. 
• Where: The class action lawsuit was filed in Virginia federal court. 

Genworth waited too long to disclose that it suffered a data breach in May that compromised the sensitive personally identifiable information (PII) of more than 2.7 million customers, a new class action lawsuit alleges. 

Plaintiff Noreen Smith claims Genworth, a life insurance company, “inexplicably” waited more than a week after learning about the data breach to post a notice that, she argues, few of its customers were even made aware of. 

Smith argues the majority of Genworth’s customers only learned about the data breach from a notification letter sent more than a month after the incident. 

“Few of Defendant’s consumers read or were aware of this notice, and failed to learn about the breach until receiving letters from Defendant more than a month after it had learned of the breach,” the Genworth class action states. 

Smith wants to represent a nationwide class and South Carolina subclass of individuals who had their PII compromised in the Genworth breach. 

Genworth data breach caused by MOVEit file transfer software cyberattack, class action says

The data breach was the result of a May cyberattack on the MOVEit file transfer software, which is used by the insurer, according to the Genworth class action. 

Smith, meanwhile, claims Genworth failed to adequately safeguard and protect the PII that was entrusted to the company, but ultimately was exposed in the data breach. 

“Services were available for Defendant to detect the Data Breach and prevent large scale exfiltration of PII entrusted to Defendant, but Defendant simply failed to appropriately implement these services,” the Genworth class action states. 

Smith claims Genworth is guilty of unjust enrichment, invasion of privacy, negligence and negligence per se. She is demanding a jury trial and requesting declaratory and injunctive relief along with an award of statutory, punitive, nominal and monetary damages for herself and all class members. 

In another case involving Genworth, the company agreed to a settlement in 2021 that resolved claims it withheld material information from policyholders in regard to future rate increase plans. 

Were you affected by the Genworth breach? Let us know in the comments. 

The plaintiff is represented by Leonard A. Bennett, Craig C. Marchiando and Drew D. Sarrett of Consumer Litigation Associates PC and E. Michelle Drake and Mark B. DeSanto of Berger Montague PC. 

The Genworth data breach class action lawsuit is Smith v. Genworth Financial Inc., Case No. 3:23-cv-00510-MHL, in the U.S. District Court for the Eastern District of Virginia, Richmond Divison.

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