Oklahoma City University Responsible for July 2022 Data Breach, Class Action Says [DISMISSED]
Last Updated on May 9, 2024
Ruskiewicz v. Oklahoma City University
Filed: April 10, 2023 ◆§ 5:23-cv-00303
A proposed class action claims Oklahoma City University failed to prevent a “foreseeable” data breach in July 2022.
May 9, 2024 – Oklahoma City University Data Breach Lawsuit Dismissed
The proposed class action lawsuit detailed on this page was dismissed on October 4, 2023.
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In an eight-page order granting Oklahoma City University’s (OCU) motion to dismiss the case, U.S. District Judge Timothy D. DeGiusti found that the plaintiff failed to sufficiently allege that she suffered any concrete injuries stemming from the July 2022 data breach.
The judge stated that the plaintiff never claimed she or any other potential class member experienced fraudulent activity or misuse of their personal information as a result of the OCU data breach.
Instead, the plaintiff “relies primarily on a general risk of identity theft and fraudulent use of personal information due to a practice by cybercriminals of selling stolen personal information on illicit internet sites known as the ‘dark web,’” Judge DeGiusti wrote.
Ultimately, the court found that merely alleging a potential risk of future harm from a data breach is not enough to support a claim for damages.
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A proposed class action claims Oklahoma City University failed to prevent a “foreseeable” data breach in July 2022.
Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.
The 35-page case says that an unauthorized actor infiltrated OCU’s email systems on July 23 last year, exposing the names, addresses, Social Security numbers, driver’s license/state ID numbers and passport numbers of at least 27,229 current and former students and employees. The plaintiff, a former student of the private, liberal arts and sciences university, claims the breach was a direct result of the institution’s failure to implement—or train employees on—adequate cybersecurity protocols.
Per the suit, the university claimed to have discovered the breach on July 23 yet did not begin informing affected individuals of the incident until March 20, 2023.
“Personal Information is highly valuable, and Defendant knew, or should have known, the risk in obtaining, using, handling, emailing, and storing the Personal Information of Plaintiff and Members of the Class, and the importance of exercising reasonable care in handling it,” the case states.
To make matters worse, OCU acknowledges in its privacy policy its obligation to safeguard personal information under the Family Educational Rights and Privacy Act of 1974, the Health Information Portability and Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act, which safeguards consumer financial information, the case relays.
Moreover, the university’s failure to employ “reasonable and appropriate” cybersecurity measures is out of line with the Federal Trade Commission Act, the filing alleges.
As a result of OCU’s negligence, data breach victims face “significant” ramifications as they deal with an “amplified” and “ongoing” risk of identity theft and other fraudulent uses of their personal information, the filing argues. The complaint also stresses that preventing and recovering from the unauthorized use of financial or personal information can often come with a hefty, out-of-pocket price tag.
According to the complaint, the plaintiff and other data breach victims reasonably expected OCU to adequately protect their sensitive data from theft or misuse and would have never entrusted the university with their information had they known it would not be securely stored.
The lawsuit looks to cover anyone whose personal information was compromised as a result of the data breach with Oklahoma City University announced on or about March 20, 2023.
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