Truly Nolen Facing Class Action in Wake of Spring 2022 Data Breach

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Truly Nolen of America, Inc. has been hit with a proposed class action lawsuit after employees’ personal information was reportedly compromised in an April/May 2022 data breach.

According to the 43-page lawsuit, pest control services provider Truly Nolen failed to implement adequate data security to ensure that the sensitive information stored on its systems was safeguarded from unauthorized access.

A notice posted on Truly Nolen’s website states that the breach, which occurred between April 29 and May 11 of this year, may have exposed employees’ names; Social Security numbers; medical and health insurance information; financial account details; dates of birth; payment card information; and employee ID numbers. The company said in the notice that an investigation determined that “an unauthorized actor” removed certain files from its systems.

The lawsuit says that because Truly Nolen collected and stored consumers’ sensitive health information, it had certain obligations to safeguard the data under the Health Insurance Portability and Accountability Act (HIPAA). Per the suit, Truly Nolen failed to properly encrypt or more securely encrypt its servers despite “repeated warnings and alerts” issued in response to an uptick in data breaches.

The case goes on to claim that although Truly Nolen discovered the incident by May 11, the company waited months before sending notice to victims. Moreover, the data breach notices, which were allegedly sent around August 26, failed to disclose “when or for how long the Data Breach occurred,” according to the lawsuit.

Per the suit, the consequences of Truly Nolen’s failure to protect consumers’ information are “long lasting and severe” given fraudulent use of victims’ data may continue for years after it is stolen.

The lawsuit looks to represent anyone in the United States whose protected health, personally identifiable or financial information was exposed to unauthorized third parties as a result of the data breach discovered by Truly Nolen around May 11, 2022.

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