Case Overview: A class action lawsuit has been filed against Avis Rent A Car System, alleging that the company failed to protect customer data, leading to a data breach.
Consumers Affected: Individuals whose personal information was compromised in the Avis data breach.
Court: U.S. District Court for the District of New Jersey
More than 300,000 have had their sensitive data, including names and driver's license numbers, exposed in a massive breach of car rental company Avis’ systems, a new lawsuit claims.
Avis Rent A Car System LLC is facing a class action lawsuit following the August breach, which allegedly exposed the personal information along with dates of birth and credit card information. The lawsuit claims that Avis failed to properly secure consumers’ personal data, resulting in significant risk and financial harm to those affected.
Jason Shay, a Texas resident, filed the proposed class action lawsuit after he was notified of the data breach on September 4. Shay says since the breach, he has had to spend time and effort monitoring his accounts for fraudulent activity, and, like many other affected customers, is now facing an increased risk of identity theft and fraud.
Shay says he and other affected customers will need to continue spending time and resources monitoring credit and financial records to protect themselves against fraud, and in turn are forced to bear the long-term burden of protecting their data because of Avis’s failure to safeguard it properly.
The breach occurred between August 3 and August 6 and Avis became aware of it on August 5, according to the lawsuit. The company publicly disclosed the breach a month later, notifying affected customers via letter. Hackers accessed a wide range of sensitive information stored within Avis’s systems, with the stolen PII later found posted on the dark web, the lawsuit claims.
Shay alleges that Avis failed to follow basic security protocols that could have prevented the breach, and by not implementing adequate measures to protect sensitive information Avis made it easier for hackers to gain access to customers’ PII.
According to the lawsuit, Avis could have followed well-established Federal Trade Commission guidelines for protecting customer data. The FTC advises companies to dispose of unnecessary personal information, encrypt stored data, and monitor for suspicious network activity, among other recommendations. Avis’s failure to adhere to these best practices left its systems vulnerable to cyberattacks.
The lawsuit accuses Avis of not taking reasonable steps to secure customer data, which includes failing to use complex passwords, limit access to sensitive information, or properly encrypt its data. By ignoring these safeguards, Avis is accused of engaging in “unfair or deceptive acts” under the FTC Act.
Avis is just the latest in a growing list of companies facing lawsuits over data breaches. KemperSports is also dealing with a class action lawsuit after a breach exposed customer information, while Hospital Sisters Health System is facing similar legal action following a cyberattack that compromised patient data. Toshiba and HealthEquity have both been sued over data breaches that exposed sensitive customer information.
In his lawsuit against Avis, Shay wants to represent consumers from across the U.S. in his claims of negligence, breach of fiduciary duty, breach of confidence, intrusion upon seclusion, and unjust enrichment. He is seeking damages, injunctive relief, fees, and costs.
Case Details
Plaintiffs' Attorneys
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