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Financial Services Law Insights and Observations

District Court approves online marketplace data breach settlement

Courts Data Breach Settlement Privacy/Cyber Risk & Data Security Class Action CCPA State Issues

Courts

On May 13, the U.S. District Court for the Northern District California preliminarily approved a class action settlement, resolving allegations that a California-based online designer marketplace failed to protect customers’ personal information from a computer hacking group in a May 2020 data breach. The plaintiffs asserted negligence and brought claims under California’s Consumer Privacy Act and Unfair Competition Law after plaintiffs launched an investigation into the cybersecurity incident. The preliminary settlement requires the company to establish a $5 million settlement fund, which would “provide for an estimated $43 payment per participating class member, two years of credit monitoring, and identity restoration services.” The company must also implement several business practice changes to enhance security, including enhancing password protection and implementing a policy regarding minimizing the retention of customers’ personally identifiable information. The settlement also notes that “members subject to identity theft can also obtain fraud resolution assistance to dispute transactions, mediate calls with merchants, and implement fraud alerts.” Class members who do not agree to the settlement may opt out of the settlement by September 16.

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