SAG-AFTRA Members File Class Action Complaint Against Health Plan Over Recent Data Breach
Two SAG-AFTRA members filed a class action lawsuit against the SAG-AFTRA Health Plan, claiming that it failed to make adequate safeguards to prevent a recent data breach.
The lawsuit was filed on Dec. 5 by members Matthew Rouillard and Kristy Munden, and seeks class action status.
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“SAG Health failed to protect the very customer information it was entrusted, compromising the personal information of an undisclosed number of its members,” the lawsuit alleged. It was filed in U.S. District Court in Los Angeles.
The data breach was disclosed on Dec. 2 as SAG-AFTRA Health notified members of an email phishing attack.
Read the members’ SAG-AFTRA Health Plan lawsuit.
The lawsuit contended that SAG-AFTRA Health “failed to comply with industry standards to protect information systems that contain Private Information, and failed to provide timely and adequate notice to Plaintiffs and other members of the Class that their Private Information had been accessed and compromised.”
The suit claimed that members were hit with “out-of-pocket expenses associated with preventing, detecting, and remediating identity theft, social engineering, and other unauthorized use of their Private Information,” as well as other injuries including the increased risk of fraud and identity theft.
The lawsuit claimed violation of California’s unfair competition law, the Confidentiality of Medical Information Act, deceit by concealment, negligence, breach of express warranty, invasion of privacy and unjust enrichment.
The litigation is seeking a slate of remedies, including adequate security protocols and the use of independent third party security auditors, as well as unspecified actual, statutory and punitive damages.
The SAG-AFTRA Health Plan, which is separate from the union itself, said in a statement, “While we are unable to comment on any pending litigation, protecting the privacy and security of plan participants’ information is a critical priority, and we take this matter very seriously. Upon discovering unauthorized access to the contents of a single employee’s email account, we immediately contained and remediated the access and launched an investigation with the assistance of third-party experts. We sincerely regret any concern or inconvenience this may have caused and remain committed to maintaining the trust of our participants.”
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