Data Breach Roundup: Class Actions on the Rise

We recently wrote about Home Depot facing a class action lawsuit after customers became aware of a large data breach. Several similar stories indicate that Home Depot may not be alone in the defendant’s chair and that class action litigation is on the rise as consumer data breaches become more prevalent.











  • Chinese hackers “stole 4.5 million patient records” after breaking into the system of Community Healthcare Systems. This story indicates that additional plaintiffs might be joining to expand the putative plaintiff class.
  • SuperValu, a grocery chain, has also been sued by consumers who are angry over a recent data breach. As this story explains, the chain might soon see two different federal lawsuits over the same data breach consolidated into a single, multidistrict proceeding.
  • This helpful piece explains the state of data breach law in America. As it details, companies like Home Depot have to adhere to a patchwork of different legal regimes — 47, to be exact — when it comes to data breaches, disclosures and what constitutes a “breach.”
  • Speaking of the state-by-state approach to data breach suits, this piece explains that potential lawsuits for health care data breaches in California face an uphill battle from the start.



  • In addition to Home Depot, Target also faces federal class action litigation from its large data breach last winter.
  • This recent podcast interview with Brian Krebs on NPR’s Fresh Air shows that we might be seeing just the tip of the iceberg when it comes to data breach class actions. Krebs, a former Washington Post reporter, is the purveyor of the blog “Krebs on Security.”

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