Court Rules in Motion to Dismiss in Equifax Data-breach Lawsuit

The U.S. District Court for the Northern District of Georgia issued a decision this week addressing Equifax’s Motion to Dismiss the claims brought against it in the 2017 data breach lawsuit initiated by financial institutions, including credit unions, and associations representing those institutions, including CUNA.

CUNA filed its lawsuit in October 2017 after a data breach at Equifax exposed the personal information of more than 145 million consumers and 209,000 credit card numbers. 

Equifax’s motion was granted in part and denied in part. The Court agreed that the financial institution plaintiffs that actually issued payment cards compromised in the breach did have legal entitlement, or “standing” to sue, and upheld the majority of the claims brought by the card-issuing financial institutions. 

The Court dismissed the claims of other financial institutions, and of the institutional/association plaintiffs, including CUNA, that joined in the complaint, finding that they lacked such standing. 

Plaintiffs are evaluating the claims of those financial institutions and associations that have been dismissed to determine whether such claims can be amended.