Geico CCPA Class Action Should Stay In California, Consumers Says
Consumers believe that Geico should face a class action lawsuit alleging violations of the California Consumer Privacy Act (CCPA) in California after the company attempted to stay the data breach litigation or relocate it to New York in conjunction with other related cases.
Mark Vennerholm II et al. v. GEICO Casualty Company et al.
Mark Edward and Reanna Ann Vennerholm asked a federal judge in California to reject Geico’s motion, arguing that the case does not meet the first-to-file rule and that a stay or transfer would not improve judicial efficiency due to the cases’ differences.
Geico previously attempted to consolidate the Geico CCPA Data Breach Class Action Lawsuit into multidistrict litigation, but the Court denied the motion after the couple withdrew a national claim.
Further, Geico is now requesting that the Court stay or transfer the action to the Eastern District of New York.
However, per the case, the Court should reject Geico’s motion because Geico does not meet the first-to-file rule’s issue-similarity requirement.
The couple added that while the “heart” of the cases are similar in that they both involve a data breach, the similarities between their case and the Mirvis Action end there.
Moreover, Vennerholms says that unlike the common law claims at the center of the New York-consolidated actions, the plaintiffs assert a claim against Geico under the CCPA, a unique California statute.
About the Lawsuit
The CCPA entitles a person harmed by a data breach to receive statutory damages ranging from $100 to $750 per consumer for every incident, or actual damages, whichever is higher, injunctive, or declaratory relief, as well as any other remedies deemed appropriate by a court.
The couple asserts that by establishing statutory damages, the CCPA eliminates the standing requirements which have hampered the majority of prior data breach litigations.
The Geico CCPA Data Breach Class Action Lawsuit was filed in response to Geico’s data breach from January 21 to March 1. In April, Geico disclosed fraudsters had stolen their customers’ personal information and used it to enroll for unemployment benefits in their names fraudulently.
Editor’s Note on Geico CCPA Data Breach Class Action Lawsuit:
This article informs you of Geico’s motion to stay or transfer the class action to the Eastern District of New York after its prior request to consolidate class actions was denied. We also recommend you the Equifax Settlement.
Case Name & No.: Mark Vennerholm II et al. v. GEICO Casualty Company et al., Case No. 3:21-cv-00806
Jurisdiction: U.S. District Court for the Southern District of California
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