SAN JOSE – Three individuals have filed a class-action lawsuit against Yahoo! Inc. alleging that the web portal failed to exercise reasonable care and prudence in protecting members' personal information.
Kim Howard, Hashmatullah Essar, Raymond Collier, Madonna Cote, Helen Ciangiulli and Lolita Morris filed a complaint individually and on behalf of all others similarly situated on Oct. 3 in the U.S. District Court for the Northern District of California against Yahoo! Inc. alleging breach of implied and express contract, fraud, gross negligence and unfair competition
According to the complaint, the plaintiffs allege that they were part of the approximately 500 million of the defendant's users affected by a data breach that was announced on Sept. 22. As a result, plaintiffs and all class members believed that their identity has been compromised and is at an increased risk for credit and identity theft.
The plaintiffs hold Yahoo! Inc. responsible because the defendant allegedly failed to timely disclose the data breach to all members, failed its duty of care by allowing the breach to continue undetected and unimpeded for nearly two years and failed to establish and implement basic data security protocols.
The plaintiffs request a trial by jury and seek to certify case as class action, appoint class representative and counsel, damages, injunctive and equitable relief, litigation expenses and attorneys’ fees, interest, and further relief as equity and justice may require. They are represented by Shawn A. Williams of Robins Geller Rudman & Dowd LLP in San Francisco; Paul J. Geller, Stuart A. Davidson and Jason H. Alperstein of Robins Geller Rudman & Dowd LLP in Boca Raton, Florida; and Joel H. Bernstein, Corban S. Rhodes and Ross M. Kamhi of Labaton Sucharow LLP in New York.
U.S. District Court for the Northern District of California, San Jose Division Case number 5:16-cv-05609