TracFone class action alleges mobile provider failed to prevent data breach

TracFone data breach class action overview:

• Who: Seven consumers are suing TracFone.
• Why: The plaintiffs claim the cellular provider failed to safely secure their data, leading to a data breach.
• Where: The TracFone data breach class action is active in the United States.

TracFone has been hit with a class action lawsuit after a major data breach led to widespread identity theft and fraud for its customers.

Plaintiffs Darren Barcomb, David Setters, Charise Carson, Jaynae Cole, Joshua Davis, Raven Harden and Michael Broadus filed the class action complaint against TracFone Wireless Inc. on Nov. 15 in a New York federal court, alleging negligence and violations of state and federal consumers laws.

According to the lawsuit, the mobile provider failed to secure their personal and financial data, which led to a host of negative outcomes. The plaintiffs claim TracFone’s negligence allowed hackers to access confidential information and exploit it for “port-out fraud.”

The TracFone data breach class action alleges that hackers used stolen information, such as personally identifiable information (PII) and customer proprietary network information (CPNI), to transfer victims’ mobile numbers to other providers without consent. 

Once hackers gained control of the phone numbers, they allegedly accessed financial accounts and other sensitive data.

The breach has left thousands of TracFone customers unable to use their phones, disrupting their lives and businesses, particularly during the holiday season, the lawsuit says. 

Breach threatens customer privacy to this day, lawsuit alleges

According to the lawsuit, the breach may still be ongoing, with stolen customer data allegedly available for purchase on the dark web. Plaintiffs say TracFone failed to notify customers promptly, misrepresented the extent of the breach, and took insufficient measures to mitigate the damage.

“Not only did hackers access customers’ confidential information, on information and belief, the confidential information is currently up for sale on the dark web,” the lawsuit says.

In some cases, the lawsuit claims TracFone refused to restore affected phone numbers unless customers paid additional fees.

The plaintiffs are looking to represent anyone in the United States who had their personal information exposed in the TracFone data breach.

They’re suing for negligence and breach of implied warranty and are seeking certification of the class action, damages, fees, costs and a jury trial.

In 2023, TracFone Wireless agreed to pay $23.5 million in fines as part of a settlement resolving an investigation into apparent violations of Federal Communications Commission (FCC) rules related to the Lifeline and Emergency Broadband Benefit (EBB) programs.

What do you think of the allegations in this TracFone class action? Let us know in the comments.

The plaintiffs are represented by Mason A. Barney and Tyler J. Bean of Siri & Glimstad LLP. 

The TracFone class action is Darren Barcomb et al. v. TracFone Wireless Inc., Case No. 1:24-cv-08710 in the U.S. District Court for the Southern District of New York.

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