Data Breach Litigation Without a Data Breach? Not So Fast Walmart Says…

Lydia de la Torre and Raisa Dyadkina of Squire Patton Boggs write:

The Lavarious Gardiner v. Walmart Inc. et al. case is anything but typical.

As a re-cap, back in July 2020, plaintiff filed a class action complaint against Walmart alleging that Walmart suffered a data breach which they never disclosed. As evidence of the breach, plaintiff presented claims that the personal information associated with his Walmart account had been discovered on the dark web and presented the results of security scans performed on Walmart’s website, which allegedly show certain vulnerabilities.

In other words, plaintiff filed suit on the suspicion that Walmart’s systems had been breached, which Walmart denies.

Read more on The National Law Review.


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