Consumer Plaintiffs Defeat Motion to Dismiss in Equifax Data Breach MDL


On January 28, 2019, Chief Judge Thomas W. Thrash, Jr., of the United States District Court for the Northern District of Georgia, ruled that consumer plaintiffs’ claims arising from the massive Equifax data breach survive and will continue in the federal multidistrict litigation (MDL No. 2800).

The litigation before Judge Thrash is led by three lawyers who were appointed Co-Lead Consumer Counsel by the Court – Amy Keller of DiCello Levitt & Casey LLC, Kenneth Canfield of Doffermyre Shields Canfield & Knowles, LLC, and Norman Siegel of Stueve Siegel Hanson LLP.

The Co-Leads issued the following statement regarding the Court’s 80-page opinion:

“We are pleased that the Court rejected Equifax’s core arguments and concluded that Equifax owes a duty of care to safeguard the personal and financial information in its custody. As the Court noted, to hold otherwise would create perverse incentives for businesses that profit off of the use of consumers’ personal data to turn a blind eye and ignore known security risks. We look forward to pushing forward with discovery and will continue our fight to hold Equifax responsible for its admitted violation of the public trust.”

A copy of the Order is available here.

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