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U.S. Vision data breach class action lawsuit overview:
- Who: Ian Torres filed a class action lawsuit against U.S. Vision Inc. and USV Optical Inc.
- Why: Torres claims U.S. Vision inadequately safeguarded the private information of around 180,000 of its customers during a 2021 data breach.
- Where: The class action lawsuit was filed in New Jersey federal court.
U.S. Vision failed to adequately safeguard the private information of around 180,000 of its customers during a 2021 data breach, a new class action lawsuit alleges.
Plaintiff Ian Torres claims U.S. Vision not only failed to adequately safeguard its customers’ data, but also failed to provide them with “timely and adequate notice” that the data breach occurred.
Personally identifiable information such as full names, Social Security numbers, driver’s license numbers, protected health information, and birthdates, among other things, was exposed in the data breach, according to the U.S. Vision class action.
Torres argues U.S. Vision customers affected by the data breach suffered out-of-pocket expenses, ascertainable losses in the form of the benefit of their bargains, emotional distress, and the value of their time spent trying to remedy the data breach.
“Plaintiff and Class Members’ Private Information—which was entrusted to Defendants, their officials, and agents—was compromised and unlawfully accessed due to the Data Breach,” states the U.S. Vision class action.
Torres wants to represent a nationwide class of individuals who were identified by U.S. Vision as being among those impacted by the data breach.
U.S. Vision failed to disclose data breach in timely manner, says class action
U.S. Vision became aware of the data breach in May 2021 but “did not identify or notify the individual entities or patients who had their data stolen” before telling Nationwide Optical Group in September 2022, according to the U.S. Vision class action.
“After learning the identities of the affected persons and entities, Nationwide Optical Group, LLC still took over a month to notify state Attorneys General and Class Members about the widespread Data Breach,” the U.S. Vision class action states.
Torres claims U.S. Vision is guilty of unjust enrichment, negligence, and breach of implied contract.
Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of actual, compensatory, statutory, and punitive damages for himself and all class members.
Last month, EyeMed Vision Care agreed to pay $4.5 million to the New York Department of Financial Services to resolve claims it broke New York state cybersecurity rules prior to a 2020 data breach.
Have you been impacted by a data breach? Let us know in the comments!
The plaintiff is represented by Victoria Maniatis of Milberg Coleman Bryson Phillips Grossman, PLLC, and Terence R. Coates and Justin C. Walker of Markovits, Stock & DeMarco, LLC.
The U.S. Vision data breach class action lawsuit is Torres v. U.S. Vision, Inc., et al., Case No. 1:22-cv-06558, in the U.S. District Court for the District of New Jersey.
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