Sony Sued in Class Action for Data Breach
On April 27, 2011 a man named Kristopher Johns filed a lawsuit in Federal court against Sony. The lawsuit, which seeks class action status, was filed in the US District Court in the Northern District of CA. The issue is the well publicized data breach where Sony’s PlayStation customer list and some of the information was breached by an unknown hacker or group of hackers.
The complaint accuses Sony of (1) VIOLATION OF BUSINESS &PROFESSIONS CODE §17200; (2)VIOLATION OF BUSINESS & PROFESSIONSCODE §17500, FALSE OR MISLEADINGSTATEMENTS; (3) BREACH OF SONG-BEVERLY CONSUMER WARRANTY ACT;AND (4) VIOLATION OF THE CONSUMERLEGAL REMEDIES ACT; (5) BREACH OFEXPRESS CONTRACT; (6) BREACH OFIMPLIED CONTRACT; (7) VIOLATIONS OFSECURITY REQUIREMENTS FORCUSTOMER RECORDS, and (8) NEGLIGENCE
This is also potentially a garden variety credit damages case because of the nature of the information at risk because of the breach, which included personal identification information and possibly payment information. In fact Sony sent an email suggesting that their PlayStation customers get copies of their credit reports and even sign up for credit monitoring services. Their suggestion, while expected, is meant to stem the potential onslaught of credit damaging attempts to obtain new credit fraudulently.
At this point there is probably no need for a seasoned credit expert witness because there really hasn’t been enough time since the data breach for large scale credit report damages or credit score damages. However, if a large number of Sony PlayStation users start finding fraudulent credit inquiries, new accounts or charges showing up on their credit reports then it’s time to bring in a credit expert witness to help lay out a coherent series of events that likely lead to their credit damages.
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This article should not be interpreted as legal advice or testimony. It does not represent any conclusive opinion of the author or any of the credit experts from ExpertCreditWitness.com.