http://www.computerworld.com/s/article/9247017/Court_approves_first_of_its_kind_data_breach_settlement

By Jaikumar Vijayan
Computerworld
March 17, 2014

Courts have generally tended to dismiss consumer class-action lawsuits
filed against companies that suffer data breaches if victims can't
show that the the breach directly caused a financial hit.

A federal court in Florida broke the mold by approving a $3 million
settlement for victims of a data breach in which personal health
information was exposed when multiple laptops containing the
unencrypted data were stolen.

The Dec. 2009 theft of laptops belonging to AvMed, a Florida-based
health insurer, exposed the patient records of tens of thousands of
its customers. Several victimes later filed a putative class action
lawsuit against AvMed.

The plaintiffs suffered no direct losses or identity theft from the
breach but nevertheless accused AvMed of negligence, breach of
contract, breach of fiduciary duty and unjust enrichment.

[...]


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