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Court Rules in Favor of Plaintiffs’ ID Theft Case

PRIVACY LAW—U.S.

September 19, 2012

The 11th Circuit Court has ruled in a 2-1 opinion that the plaintiffs in a class-action lawsuit sufficiently alleged liability against a health plan provider for a data breach involving identity theft, reports Information Law Group. Two laptops containing unencrypted sensitive information— including Social Security numbers—on 1.2 million AvMed customers were stolen in 2009. In Curry v. AvMed, Inc., the plaintiffs said they carefully avoided sharing their sensitive information digitally but still became victims of identity theft and suffered financial losses. The ruling “gives crucial guidance to plaintiffs seeking damages for identity theft caused by a data breach and to defendants seeking to defend against such claims,” the report states.
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