Adobe Data Breach Class Action

Lawsuit Survives Motion to Dismiss

Adobe Systems, Inc. announced a data breach which affected an estimated 2.9 million accounts, on October 4, 2013. The company was the target of a cyber-attack during July and August, 2013, in which customer information and source code for some of its products were compromised. The stolen customer information included user names, passwords, credit or debit card numbers and expiration dates.

Girard Gibbs filed a class action lawsuit on behalf of consumers impacted by the Adobe data breach on November 11, 2013. The Plaintiffs assert that Adobe did not meet industry standards to protect customer data. Plaintiffs in the case have requested that Adobe increase its data security practices, and provide restitution for purchasers of Adobe’s Cold Fusion products and Creative Cloud services. The restitution claims allege that plaintiffs purchased Cold Fusion products and Creative Cloud subscription services only because Adobe withheld material information about its security practices. Cold Fusion products are used in the design of secure website applications, and Creative Cloud is a subscription service for cloud file sharing.

Partner Eric Gibbs was appointed as lead counsel on March 13, 2014 by U.S. District Judge Lucy H. Koh, who is presiding over the litigation. Lead counsel is responsible for litigating the case on behalf of the entire class. Adobe filed a motion to dismiss this case on May 21, 2014.

On September 4, 2014, Judge Koh mostly denied Adobe’s motion to dismiss a consolidated class action complaint alleging Adobe violated California law and its own privacy policies by failing to protect and safeguard users’ private information.  Adobe’s motion to dismiss had alleged, among other things, that the plaintiffs had not suffered adequate injuries from having their data exposed as a result of the data breach to sue.  Judge Koh’s ruling is significant because many other data breach cases have been dismissed outright, but now the Adobe Plaintiffs can continue pursuing their claims and will request that the Court will certify the case as a class action.

If you have been affected by the Adobe data breach and would like a free and confidential consultation about your legal rights please give us a call at (866) 981-4800 or fill out the form at the right. Our attorneys work to hold companies accountable for data breach violations, and have represented victims of data breaches targeting Certegy Check Services, Health Net, Target, and Home Depot, Sony Pictures, and Anthem. We are currently investigating data breaches at Kmart stores, as well as the Premera Blue Cross data breach announced in March 2015.

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