Hot Topic class action claims data breach exposed customer info

Hot Topic class action lawsuit overview: 

• Who: Plaintiff Anastasia Weatherford filed a class action lawsuit against Hot Topic Inc. and Torrid LLC. 
• Why: Weatherford claims Hot Topic and Torrid failed to properly secure and safeguard the sensitive information of their customers and loyalty account members during a data breach in October.
• Where: The class action lawsuit was filed in California federal court.

A new class action lawsuit alleges that Hot Topic failed to properly secure and safeguard the sensitive information of its customers and loyalty account members during an October data breach. 

Plaintiff Anastasia Weatherford’s class action lawsuit claims Hot Topic — along with fellow retailer Torrid Inc. — were entrusted with sensitive personal information with the understanding they would protect it against disclosure. 

Weatherford argues that, despite this, Hot Topic and Torrid failed to implement “adequate and reasonable” cyber-security procedures and protocols needed to protect personally identifiable information (PII) from a “foreseeable and preventable” cyber attack. 

“Defendants maintained, used, and shared the PII in a reckless manner,” the Hot Topic class action says. 

Weatherford wants to represent a nationwide class of consumers whose PII was accessed and/or acquired by an unauthorized party as a result of the Hot Topic data breach in or about October 2024. 

Hot Topic data breach victims at risk of identity theft, class action claims

Weatherford argues the data breach exposed PII including names, email addresses, addresses, phone numbers, and dates of birth, and that the data “remains in the hands” of cyber-criminals who “target PII for its value to identity thieves.” 

“Plaintiff’s and Class Members’ identities are now at risk because of Defendants’ negligent conduct because the PII that Defendants collected and maintained has been accessed and acquired by data thieves,” the class action says. 

Weatherford claims Hot Topic and Torrid are guilty of negligence, breach of implied contract and unjust enrichment, and violating California’s Unfair Competition Law.

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of actual, nominal, consequential and punitive damages for herself and all class members. 

Hot Topic agreed to a separate class action settlement in September to resolve claims the retailer violated Oregon and California law by advertising its products with misleading discounts. 

Were you affected by the Hot Topic data breach? Let us know in the comments.

The plaintiff is represented by Daniel S. Robinson and Michael W. Olson of Robinson Calcagnie Inc. and John J. Nelson of Milberg Coleman Bryson Phillips Grossman PLLC. 

The Hot Topic class action lawsuit is Weatherford, et al. v. Hot Topic Inc., et al., Case No. 2:24-cv-09805, in the U.S. District Court for the Central District of California.

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