Anne Bucher  |  May 15, 2023

Category: Data Breach

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A male IT worker in a server room. Representing the Nations Benefits data breach class action.
(Photo Credit: Gorodenkoff/Shutterstock)

NationsBenefits class action lawsuit overview:

  • Who: Plaintiff Anthony Skuya has filed a class action lawsuit against NationsBenefits LLC.
  • Why: NationsBenefits allegedly failed to adequately safeguard personal health data, leaving it vulnerable to a data breach that affected 3 million consumers.
  • Where: The NationsBenefits class action lawsuit was filed in Florida federal court.

NationsBenefits LLC implemented “impermissibly inadequate data security” measures that left the personal information of 3 million consumers vulnerable to cybercriminals, according to a class action lawsuit filed May 5 in Florida federal court.

NationsBenefits provides supplemental benefits administration services to several employer health plans. It has received and maintained the personal identifying information (PII) and personal health information (PHI) of its clients’ patients and employees, storing these records on its computer systems, the NationsBenefits class action lawsuit explains.

Some of the personal data NationsBenefits collects includes individuals’ names, birthdates, addresses, member identification numbers, Social Security numbers, and/or employer names.

NationsBenefits data breach could have been prevented with better data security, plaintiff says

Plaintiff Anthony Skuya says NationsBenefits used Fortra LLC for IT management and software services, and entrusted sensitive data with the data.

On Feb. 1, Fortra reportedly informed its customers that its file transfer platform had been hacked and customer PII and PHI had been accessed, purportedly by a Russian hacker group.

“NationsBenefits could have prevented or mitigated the effects of the data breach by better securing its network, properly encrypting its data, or better selecting its information technology partners,” the NationsBenefits class action lawsuit asserts.

Skuya says he was notified of the NationsBenefits data breach on May 4 even though NationsBenefits knew of the breach for months.

“Time is of the essence when highly sensitive PII and PHI is subject to unauthorized access and/or acquisition,” Skuya says. Hackers can access  and sell the unencrypted data to criminals, putting the victims at risk of fraud and identity theft.

The NationsBenefits class action lawsuit notes that healthcare data breaches are “particularly devastating” due to the sensitivity and detail of the PII.

Skuya asserts claims for negligence, unjust enrichment, and breach of implied contract. He is seeking injunctive relief to require NationsBenefits to improve their data security practices and notify each class member about the full nature and extent of the NationsBenefits data breach. He also seeks damages, attorneys’ fees, and pre- and post-judgment interest.

T-Mobile recently disclosed that it has been affected by two data breaches so far in 2023.

Were you affected by the NationsBenefits data breach? Tell us about your experience in the comments!

Skuya is represented by John A. Yanchunis and Marcio W. Valladares of Morgan & Morgan Complex Litigation Group.

The NationsBenefits data breach class action lawsuit is Anthony Skuya v. NationsBenefits LLC, Case No. 0:23-cv-60846-RLR, in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division.


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58 thoughts onNationsBenefits class action claims data breach affects 3M consumers

  1. Lorianne Jeska says:

    I received a letter back in April 27, 2023 that my name, medicare number and address, birthday was affected and I get scam calls constantly for Medicare

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