What Are Data Breach Class Actions?
Berger & Montague, P.C. frequently investigates class
action lawsuits on behalf of individuals whose personal information
was stolen in data breaches. Common breaches involve the
theft of Social Security numbers, banking information, medical
data, credit card numbers, or other sensitive information that can
be used for identity theft. Data breaches are most often
committed by computer hackers or a company's own rogue
When a company fails to protect consumer
information, and a data breach occurs, victims of the breach can
join together and file a class action. These lawsuits are
filed against the company and seek relief such as reimbursement of
victims' identity theft losses and other out-of-pocket
losses; credit monitoring services with accompanying identity
theft insurance; and improvements to the company data
Data Breach Notices
By law, companies that experience a data breach generally
must notify the affected individuals. Notice is usually sent
by mail or e-mail. If you receive notice that your
personal information was compromised, and you are interested in
filing a class action lawsuit, please contact us.
What Types of Identity Theft Risks Exist?
Identity thieves use stolen personal information to commit
a variety of frauds including opening new financial or utility
accounts in another person's name, taking out loans in another
person's name, obtaining medical services using the victim's
information, using the victim's identity to obtain government
benefits, filing a fraudulent tax return using the victim's
information, obtaining a driver's license or identification card in
the victim's name but with another person's picture, or giving
false information to police during an arrest.
Examples of Berger & Montauge's Data Breach
Berger & Montague attorneys have been involved in
several large data breach class actions:
- We served as co-lead counsel in
In re TJX Cos. Retail Security Breach Litig., MDL No. 1838, No.
07-cv-10162-WGY (D. Mass.). There, computer hackers stole
45 million credit and debit card numbers, and 455,000 driver's
license numbers which often matched Social Security numbers.
The breach was the then-largest theft of consumer data in U.S.
history. We obtained a settlement valued at approximately
$200 million, including two years of credit monitoring, cash,
vouchers, and improvements in TJX's data security system. In
approving the settlement, the judge praised the results as an
"excellent settlement" containing "innovative" and "groundbreaking"
elements. In re: TJX Cos. Retail Security Breach Litig., 584 F.
Supp. 2d 395, 399 n.6 (D. Mass. 2008).
- We were also appointed to the Executive Committee in
In re Countrywide Fin. Corp. Customer Data Security Breach Litig.,
MDL No. 1998, No. 08-MD-01998-TBR (W.D. Ky.). There, a
Countrywide employee was arrested for stealing and selling
Countrywide customers' names, Social Security numbers, bank account
information, and other sensitive data. The case settled for
various benefits including two years of credit monitoring made
available to 1.9 million class members, a $6.5 million cash fund to
reimburse identity theft and other out-of-pocket losses for 17
million class members, and improvements in Countrywide's data
security systems. In re Countrywide Fin. Corp. Customer Data
Security Breach Litig., No. 08-MD-01998-TBR, 2010 WL 3341200, at *9
(W.D. Ky. Aug. 23, 2010).
- We were also appointed to the Executive
In re: Heartland Payment Systems, Inc. Customer Data Security
Breach Litig., MDL No. 2046, No. 09-MD-2046 (S.D. Tex.).
There, hackers stole millions of credit and debit card numbers from
a credit card processing company. The case settled for a cash
fund to reimburse identity theft charges and other out-of-pocket
costs, and improvements to Heartland's data security systems. In re
Heartland Payment Sys., Inc. Customer Data Sec. Breach Litig., 851
F. Supp. 2d 1040, 1049 (S.D. Tex. 2012).
We are currently involved in the following data breach
No Fees Without Recovery
Our data breach class actions are brought on a contingent
fee basis. That means plaintiffs and the class do not pay
out-of-pocket attorneys' fees or court costs. Fees and costs,
if any, are paid out of the recovery obtained for the class,
subject to court approval.
Contact Us to Inquire About a Data Breach Class
We invite you to contact us about a potential case.
Please fill out the contact form to the right. You may also
contact Jon Lambiras, one of our data breach attorneys, at
215-875-3036 or firstname.lastname@example.org.