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Carl’s Golfland Data Breach and Delayed Responses Class Action

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Data breaches are becoming all too common these days, and consumers are expecting a certain standard of behavior to follow. The complaint for this class action alleges that Carl’s Golfland, Inc. experienced a data breach, and that it neither stopped the unauthorized access immediately nor informed customers promptly.

The class for this action is all natural persons living in the US whose personal information was compromised as a result of the Carl’s Golfland data breach announced on August 29, 2019.

Carl’s Golfland has an online shopping website, and it was customers who’d bought things online between March 25 and July 14, 2019 who were put most at risk through the data breach.

The complaint alleges that Carl’s learned of the breach in late June, “it nonetheless failed to prevent the perpetrator from continuing to steal [its] online customers’ personal information … well into July 2019.” In addition, it did not notify its customers until the end of August.

Among the data stolen were names, addresses, e-mails, phone numbers, and credit card information. 

Plaintiff Nik Turik was among those whose information was stolen, and it was used to make unauthorized purchases on his credit cards. 

The complaint alleges that Carl’s had duty to use reasonable care “in obtaining, retaining, safeguarding, deleting, and protecting” their information. This would include adequately protecting its systems, having processes to detect security breaches in a timely manner, and acting promptly to react to warnings and remedy breaches.

The complaint talks about the difficulty and expense of getting credit freezes, including difficulties in even contacting the major credit reporting agencies and the problem and cost of unfreezing when credit is needed and then freezing again. 

The complaint lists other difficulties and harms to Turik and those like him whose information was compromised. This is just a partial list:  

  • Costs associated with the detection and prevention of identity theft and use of accounts 
  • Unauthorized charges
  • Loss of access to their accounts and funds 
  • Missed payments on bills and loans 
  • Lowered credit scores from credit inquiries and missed payments
  • Time spent trying to mitigate losses and prevent further problems, such as in cancelling credit cards, enrolling in credit monitoring programs, freezing and unfreezing accounts, and so on
  • Continued risk of use of their information by hackers and thieves for years to come

The counts include violation of Michigan’s Identity Theft Protection Act and its Consumer Protection Act, negligence, and negligence per se.

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