Data Breach/Data Privacy/Data Security
Corporations love to demonize class action lawyers. Guess why? You can likely figure this out on your own, but I’ll spell it out here: Because a class action lawsuit is one of the most powerful tools that consumers have to make corporations accountable for their negligence. But the media doesn’t like to focus on the topic of class actions much because it’s not easy to digest via 10-second sound bites. Thus, witness another week of breathtaking, frenzied stories about the Trump administration. Reporters and talking heads gravitated to discussions about the abrupt departure of Flynn and Trump’s 77 minute presser. Meanwhile, a majority in the House worked in concert to destroy consumers’ most powerful tool to hold corporations accountable. That’s right, this past Wednesday the House Judiciary Committee voted on party lines to gut consumer protection class actions.
Interestingly, the corporate lobbyists’ anti-class-action talking points are eerily similar to the proposed “Fairness in Class Action Litigation Act of 2017,” introduced last week in the House of Representatives. Coincidence? Of course, not.
Most of the proposed procedural rule changes in Representative Bob Goodlatte’s are directly traceable to the business lobby’s anti-class-action talking points. Goodlatte – a Virginia Republican and chair of the House Judiciary Committee is seizing on the corporate-friendly climate. He’s expanded last year’s proposed changes in a similarly named bill that was approved in the House but died in the Senate. If Congress adopts Goodlatte’s bill in anything like its current form, class actions will lose much of its potency.
The bill will make class actions much more difficult to survive the most critical milestone–certification. And, for those class actions that would survive, the bill would make those automatically appealable. Moreover, the bill seeks to strip away attorneys’ fees so that fewer plaintiffs attorneys will pursue these.
Most consumers think that class actions are big, nebulous things that have little to do with their lives. But if you talk to regular people such like my class action clients, you’ll realize that the Congress needs to stop trying to striking fatal blows to this important vehicle for justice. Like my clients, consumers throughout this country need class action attorneys to fight for them because they can’t or don’t want to spend thousands of dollars and countless hours to fight a giant corporation. My class action clients are like your neighbors, your relatives, your colleagues, and your friends. They are Republicans, Democrats, and Independents. But, for them and for me, these lawsuits are not about politics. It’s about trying to hold a massive company accountable, when an individual consumer is wronged.
We all know that corporations are focused on maximizing profits. To maximize profits, these companies will cut corners, which often result in a harm to the consumers. When a consumer finds that they have a defective product or that their most private information has caused significant harm to them and their bank accounts, they are not sure who will go to bat for them. This is why class action attorneys play a critical role in leveling the field for the citizen who’s suffered injury because a manufacturer used shoddy material, security or processes.
Please, email/call/write your representatives and let them know that they represent your interests–not the corporations who’ve donated tens of thousands of dollars to their campaign.
For consumer class action attorneys like myself, we can continue to count our blessings for the moment. Indeed, a number of courts across the country continue to make commonsense and carefully crafted opinions that confer Art III standing for statutory damages claims.
I have much faith in the Ninth Circuit Court of Appeals. The panel just heard oral arguments, as the U.S. Supreme Court had remanded Spokeo (back on Dec. 13th). The 9th Cir.’s new challenge is to tackle the concreteness requirement with newfound gusto. Judge O’Scannlain found it difficult to move past her view that Mr. Robin’s allegations (the resulting inability to find work because of a grossly incorrect report about him) were ostensibly sufficiently concrete, tangible harm. However, Counsel for Plaintiff, William Consovoy kept focus on the issue that the Spokeo court harped on: Defendant was making this about an apparently intangible harm that has yet to run through the rigors of a concreteness test as the one that Alito pieced apart in his majority opinion…
Well, hang tight, as the panel will render its decision in the early portion of next year. From that, we’ll get more guidance about what that court thinks is needed to satisfy Art. III standing requirements…
We have some phenomenal judges, such as Judge Lucy Koh in the N.D. of CA in the 9th Circuit. She recently decided the Matera v. Google case, which laid out a clear, incredibly thoroughly reasoned opinion indicating why specific allegations are substantive violations. As such, these violations give rise to sufficiently concrete and particular injuries in fact. Stay tuned for a more detailed analysis of her 9/23/16 order. I hope to write more about that case here as I reflect on the year’s developments in privacy law.
I will also write more about this a couple of recent cases out of the E.D. Va, including my insights regarding Thomas v. FTS, which lays out some strong arguments that a statutory damages class action attorney may want to crib. A fun but rocky ride ahead of us is guaranteed…
If you haven’t heard by now, the internet was under attack thanks to insecure “internet of things” (IoT) devices. The weapon of choice was the Mirai botnet, which crippled well known sites like CNN, Netflix, Twitter, etc. to a grinding halt. But how exactly did insecure IoT devices help the largest to date cyberattack experienced in the Western hemisphere?
The source of the outage was a distributed distributed denial of service (DDoS) attack, which leveraged a network of IoT devices infected with special malware, known as a “botnet”. The botnet was orchestrated to bombard a server with traffic until it collapsed under the strain. The IoT devices included Xerox, Panasonic and Samsung printers, as well as an array of Chinese manufactured short circuit TVs, DVRs, etc.
Botnets are not new, unfortunately. But a botnet comprised of IoTs is what makes last week’s massive DDoS jaw dropping and terrifying. Why should you or anyone care, especially if technology is not in your wheelhouse? Think of finding out that your garage has served as shelter for a terrorist, who is part of a much larger cell, ready to take down half the country. The terrorist was able to get into your garage easily because you don’t secure it. Guess what? You’re one of the most vulnerable targets if the attack goes down.
Now, bring this back to the IoT framework. Many households are moving toward an connected, IoT world–from refrigerators, thermostats, security systems and security cameras. When everything goes smoothly, we forget how much rely on our IoT devices. It’s only when they’re compromised do we then realize that we may have a big problem.
The crux of the data security challenge that faces us all is that the Mirai botnet revealed how vulnerable we are because of insecure IoTs. The Mirai attack exploited 100,000 connected devices or “malicious endpoints,” which resulted in an epoch attack of 1.2 terabytes/second. Your DVR or short-circuit camera may have served as an unwitting accomplice in the now legendary DDoS attack.
Highline Medical Center tells 18.5K patients that their personal/health information was inadvertently left online for months.
About 18,499 patients of Franciscan Health Highline Medical Center cannot be very happy in Burien. Franciscan Health Highline Medical Center just notified its patients of a potential data breach after a vendor working on behalf of the medical center inadvertently left patient information accessible and unprotected via the internet for several months.
R-C Healthcare Management notified the hospital July 22 that some patient information had been accessible online from April 21 through June 13.
Potentially compromised information includes patient names, service dates, health insurance information and Social Security numbers. No medical information was included. The incident affects patients whose data was involved in account reporting functions from 1993 to 1994 and 2008 to 2013, according to the hospital’s notice.
R-C Healthcare reportedly told CHI Franciscan it secured the files as of June 13. The health system says it has no knowledge any of the information has been accessed, viewed, acquired or compromised by an unauthorized third party but is offering free credit monitoring for affected patients.
Please contact Catherine Fleming, if you were a member of the roughly 18K breached, we would like to talk to you. Please call Catherine Fleming at 206.448.1777 or email her Catherine@Stritmatter.com