Harrington Raceway Hit with Class Action Over December 2022 Data Breach

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A proposed class action lawsuit claims Harrington Raceway failed to protect consumers’ personal information during a December 2022 data breach.

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The 43-page lawsuit says that after noticing suspicious activity on its network servers on December 27 last year, the harness racing track and casino, located on the grounds of the Delaware State Fair, discovered that its systems had been accessed by an unauthorized third party as early as December 12. The suit relays that the personal information compromised in the breach included, without limitation, consumers’ names and Social Security numbers.

The case argues that the cyberattack was a direct result of Harrington Raceway’s failure to implement sufficient data security to protect the private information housed in its network. The data, which was not encrypted or password-protected, was “accessible to any member of the public,” the complaint alleges.

“Foreseeably, cybercriminals exploited this obvious vulnerability, exfiltrated [victims’] Private Information from the database, and then listed this information for sale on the dark web,” the filing says.

The lawsuit also takes issue with Harrington Raceway’s apparent failure to provide adequate notice to data breach victims. Although the defendant claims to have detected the unauthorized access in late December, it did not begin notifying victims until mid-April of this year, the suit shares.

By collecting, storing, and benefitting from the private information entrusted to it, Harrington Raceway had a legal obligation to protect that data from unauthorized disclosure, the case emphasizes.

According to the complaint, the defendant has offered victims only one year of complimentary credit monitoring services.

The plaintiff, a Delaware resident and Harrington Raceway employee, received notice on April 10 informing him that his personal information had been compromised in the breach, the filing says. Like other victims, the man now faces a substantially increased risk of fraud and identity theft as a result of the defendant’s conduct, the case charges.

The lawsuit looks to represent anyone in the United States whose private information was compromised in the data breach that is the subject of the April 10, 2023 Harrington Raceway notice.

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