WSHB Cybersecurity & Data Privacy team lead Christopher Seusing, along with senior counsel Ryan Schoeb, obtained a dismissal of a putative data breach class action brought against the firm's client, one of Florida’s largest healthcare providers.
The client previously suffered a data security incident targeting its employee payroll system. The plaintiff filed suit on behalf of herself and approximately 63,000 other individuals alleging that the client failed to maintain an adequate data security system. The plaintiff's complaint raised nine causes of action, including a purported violation of Florida's Deceptive and Unfair Trade Practices Act, negligence, negligence per se, breaches of express and implied contract, intrusion upon seclusion/invasion of privacy, unjust enrichment, breach of confidence, and breach of fiduciary duty.
WSHB moved to dismiss the plaintiff's complaint, arguing that the plaintiff lacked standing to bring a data breach class action, and that the plaintiff failed to meet the requisite elements to plead any of her causes of action. Although the plaintiff filed an extensive opposition in response to the motion to dismiss, the Florida court ultimately agreed with WSHB’s standing arguments and dismissed the putative class action. Standing challenges are a hot-button issue in data breach litigation, and WSHB remains committed to attaining successful results for its clients.