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The Ninth Circuit Considers Objections To A $117.5 Million Data Breach Class Action Settlement

By Jesse Taylor & Angelo Carosio on March 16, 2021
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The Northern District of California recently approved Yahoo’s $117.5 million settlement of a class action involving a series of data breaches.  One plaintiff objected to the settlement on the ground that the vendor chosen to provide data monitoring under the settlement, AllClear ID, had over a hundred prior complaints against it related to services provided in connection with other data breach settlements.  The objection was overruled by the district court, and the settlement approved.

The plaintiff has now appealed that approval to the United States Court of Appeals for the Ninth Circuit, claiming that by approving the settlement, the district court improperly disregarded these complaints in light of, among other factors, AllClear’s A+ rating with the Better Business Bureau.  This failure to account for complaints against AllClear, the plaintiff argues, impairs the rights of absent class members who may not receive the benefits of the credit monitoring in the settlement if there are additional issues.

The gist of the appeal is that these hundred or so consumer complaints, which were raised by an unspecified fraction of the class members in large data breach class action settlements over the course of several years, are evidence that the district court’s approval of the same credit monitoring as part of the settlement was unreasonable.  Plaintiff also contends that by relying on the Better Business Bureau’s A+ rating of AllClear, the court abandoned its duty to protect the class and delegated that duty to the BBB. Based on this, the plaintiff asks the Ninth Circuit to vacate the entirety of the settlement and have the district court more specifically address the plaintiff’s objections.

As challenges to increasingly ubiquitous offers of credit monitoring in response to data breaches become more commonplace, the outcome of these challenges may have severe and far-reaching consequences, particularly if these settlements are upset or vacated.   We’ll keep you up to date on how this all shakes out.

Photo of Jesse Taylor Jesse Taylor
Read more about Jesse TaylorEmail
Photo of Angelo Carosio Angelo Carosio

Angelo has been a LexBlog employee for over 8 years, starting on the Success team and then moving into a developer role. These days he mostly spends his time working on the back-end of the LexBlog platform fixing bugs and working on new…

Angelo has been a LexBlog employee for over 8 years, starting on the Success team and then moving into a developer role. These days he mostly spends his time working on the back-end of the LexBlog platform fixing bugs and working on new features for our customers.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Privacy World
  • Organization:
    Squire Patton Boggs
  • Article: View Original Source

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