Equifax Loses Bid to Drop Data Breach Claims Under New York Law

Equifax Loses Bid to Drop Data Breach Claims Under New York Law

Posted July 9, 2020

Equifax Loses Bid to Drop Data Breach Claims Under New York Law

  • U.S. District Judge Brian Cogan on Wednesday rejected the company’s dismissal bid in the Eastern District of New York, saying plaintiff Matthew Weiss’ claim is plausible under the state’s deceptive acts and practices law.
  • Courts toss claims following class action settlements under similar facts, unless a plaintiff to the action opts out of the deal. Companies hit by a breach, however, can beat data security claims in later trial stages using standing or jurisdictional challenges.

– Daniel L. Stoller | July 9, 2020