Aviben Data Breach Lawsuit Filed Against Educators Benefit Consultants Over 2024 Cyberattack

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Educators Benefit Consultants, which does business as Aviben, faces a proposed class action lawsuit over a data breach that reportedly compromised the personal information of nearly 40,000 people in February 2024.

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The 30-page Aviben data breach lawsuit accuses Educators Benefit Consultants, which administers employee benefit programs, of failing to adequately protect its network against unauthorized intrusion. The information allegedly compromised in the Aviben data breach includes, at minimum, names, Social Security numbers and dates of birth, all of which the suit claims the defendant kept “under-protected” in its systems.

Although Minnesota-based Aviben claims to have discovered the breach as early as February 22, 2024, the company did not begin to send data breach notices to victims until around August 6, the case states.

Despite the notice sent by the defendant, Aviben data breach victims, to date, remain in the dark regarding what specific information was stolen, what kind of malware was used, and what steps, if any, are being taken to secure their private information going forward, the filing says.

“Representative Plaintiff and Class Members are thus left to speculate as to where their Private Information ended up, who has used it and for what potentially nefarious purposes,” the complaint reads. “Indeed, they are left to further speculate as to the full impact of the Data Breach and how exactly Defendant intends to enhance its information security systems and monitoring capabilities so as to prevent further breaches.”

The suit contends that Aviben could have prevented the data breach by properly securing and/or encrypting its servers. Per the case, the damage from the reported cyberattack is exacerbated by the company’s alleged failure to heed repeated warnings about the need to protect sensitive consumer information.

“[D]espite the prevalence of public announcements of data breach and data security compromises, Defendant failed to take appropriate steps to protect Representative Plaintiff’s and Class Members’ Private Information from being compromised,” the suit asserts.

According to the data breach class action, the party or parties behind the cyberattack accessed proposed class members’ information with the intent to misuse it, including by marketing and selling the stolen data.

The Aviben data breach lawsuit aims to cover all individuals in the United States whose private information was exposed to unauthorized third parties as a result of the data breach reportedly discovered by Educators Benefit Consultants on or before February 22, 2024.

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