Class Action Settlement on its Way: Vail v. Yahoo! Lawsuit Filed

Vail v. Yahoo! Lawsuit was filed by plaintiff Amy Vail. Yahoo! Inc. made an announcement last week saying that a 2013 data breach may have leaked personal data of over 1B users. A few hours after the announcement was made, Amy Vail filed the data breach class action lawsuit against the company. She did it on Wednesday in California federal court. And she is accusing Yahoo! Inc., in failing to protect its customers.

Note that this data hack is something different from the Yahoo’s September data breach. Also, Suzanne Philion, Yahoo spokeswoman, refused to speak about the class action lawsuit.

Yahoo has reported that, in August 2013, hackers used its proprietary code to generate fake cookies. This allowed them to steal personal information of 1 billion user accounts.

Vail v. Yahoo! Lawsuit alleges that the company failed and continues to fail to provide proper protection of its users’ private and confidential data. Also, the lawsuit claims that the company failed to provide sufficient and timely notifications regarding the potential cyber-security breaches that could affect its users.

In addition, the class action asserts that Yahoo has already reported about its users’ personal data being compromised for two times already. According to Vail, Yahoo users’ personal data still remains vulnerable.

Mrs. Veil also suggests that because Yahoo failed to provide its users with adequate protection, they had to undertake security measures. These measures Yahoo users had to undertake at their own expenses in order to minimize the risk of future data breaches. Some users even had to purchase credit freezes on their credit files. However, despite these security measures, Yahoo users cannot feel 100% secure for their accounts.

Thus, the class action lawsuit asserts the following:

  • Negligence
  • Breach of express and implied contract
  • Violation of CA Unfair Competition Law

Vail is represented by Lee Cirsch, Robert Friedl and Trisha Monesi of Capstone Law APC. She seeks to represent herself and nationwide Class members who had a Yahoo account in the last 4 years. These users can also be vulnerable to cyber-security breaches. If you think you are eligible to be a Class member, you might need to know the Case No. which is 3:16-cv-07154. The lawsuit is called Vail v. Yahoo! Inc. It is in the U.S. District Court for the Northern District of California (San Francisco). An initial case-management conference will take place on March 2.

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Armen Margarian

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