DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Court Dismisses Data Breach Claims Against Countrywide – Holmes v. Countrywide

Posted on July 15, 2012 by Dissent

Venkat Balasubramani discusses the decision in Holmes v. Countrywide Financial Corp., et al.:

In August 2008, a Countrywide employee engaged in a scheme to steal confidential customer information from Countrywide. An investigation found that the employee gained access to data from 2.4 million loan customers, and sold this information to unknown third parties for the whopping amount of $70,000. Countrywide sent notification letters to affected customers and offered two years worth of free credit monitoring.

Countrywide was hit with several class action lawsuits as a result of this data breach. The lawsuits were consolidated and eventually settled. Holmes and some members of his proposed class objected to the settlement which the court approved, notwithstanding the objections. Eventually, Holmes and Stiers (and their spouses) filed their own non-class complaint against Countrywide. One of the plaintiffs purchased credit monitoring services. The other expended sums for changing their telephone numbers due to the increased volume of telemarketing calls they received.

Standing: The court says that plaintiffs have standing under Sixth Circuit law (also citing to Krottner v. Starbucks). The credit monitoring and money spent to change the telephone number were sufficient to satisfy injury for Article III standing purposes.

The Merits: Plaintiffs don’t fare so well on the merits.

Read more on Technology & Marketing Law Blog.

Given how data breach cases have fared in the courts, I’m not sure why plaintiffs keep bringing them if they don’t have a stronger case showing unreimbursed financial harm or other compensable injury. It may not seem fair or just that you can’t recover for time  spent monitoring your credit, etc., but unless Congress changes some laws, the only ones who stand to benefit from these cases are lawyers.

via Eric Goldman


Related:

  • Qantas obtains injunction to prevent hacked data’s release
  • Ransomware attack disrupts Korea's largest guarantee insurer
  • Theft from Glasgow’s Queen Elizabeth University Hospital sparks probe
  • Global operation targets NoName057(16) pro-Russian cybercrime network in Operation Eastwood
  • More than 100 British government personnel exposed by Ministry of Defence data leak
  • New TeleMessage SGNL Flaw Is Actively Being Exploited by Attackers
Category: Breach IncidentsFinancial SectorInsiderU.S.

Post navigation

← Android Forums Breached, 1,000,000+ User Account Details At Risk
Sun Shine Coast Website Hacked and Defaced by Anonymous for #OpAustralia →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Two more entities have folded after ransomware attacks
  • British institutions to be banned from paying ransoms to Russian hackers
  • Data breach feared after cyberattack on AMEOS hospitals in Germany
  • Microsoft Releases Urgent Patch for SharePoint RCE Flaw Exploited in Ongoing Cyber Attacks
  • Global hack on Microsoft product hits U.S., state agencies, researchers say
  • Inquiry launched after identities of SAS soldiers leaked in fresh data breach
  • UK sanctions Russian cyber spies accused of facilitating murders
  • Michigan ‘ATM jackpotting’: Florida men allegedly forced machines to dispense $107K
  • Premier Health Partners issues a press release about a breach two years ago. Why was this needed now?
  • Bitcoin holds steady as hackers drain over $40 million from CoinCDX, India’s top exchange

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • British government reportedlu set to back down on secret iCloud backdoor after US pressure
  • Idaho agrees not to prosecute doctors for out-of-state abortion referrals
  • As companies race to add AI, terms of service changes are going to freak a lot of people out. Think twice before granting consent!
  • Uganda orders Google to register as a data-controller within 30 days after landmark privacy ruling
  • Meta investors, Zuckerberg reach settlement to end $8 billion trial over Facebook privacy violations
  • ICE is gaining access to trove of Medicaid records, adding new peril for immigrants
  • Microsoft can’t protect French data from US government access

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.
Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report