Artie Fullington v. Untellihartx, LLC

Toledo, Ohio civil litigation lawyer represented the Plaintiff who sued the Defendant on a negligent failure to prevent a data breach theory.



"The company helps healthcare providers collect outstanding patient balances through a variety of collection methods. I



A data security breach is an incident in which sensitive data is accessed, acquired, or disclosed without authorization. This can include personal information such as Social Security numbers, credit card numbers, and medical records.



What laws govern data security breaches?



There are a number of federal and state laws that govern data security breaches. These laws include:



Health Insurance Portability and Accountability Act (HIPAA): HIPAA requires healthcare providers to protect the privacy and security of patient information.



Gramm-Leach-Bliley Act (GLBA): GLBA requires financial institutions to protect the privacy and security of customer information.



California Consumer Privacy Act (CCPA): CCPA gives California residents the right to know what personal information is collected about them, how it is used, and how it is shared.



Personal Data Protection Bill of Rights Law (PDPB): PDPB gives Connecticut residents the right to access, correct, and delete personal data, and the right to opt out of the sale of personal data.



What are the consequences of a data security breach?



Data security breaches can have a number of consequences for individuals and businesses, including:



Financial losses: Individuals may suffer financial losses if their credit card information is stolen and used fraudulently. Businesses may also suffer financial losses if they are sued for negligence or other damages.



Reputational damage: Businesses may suffer reputational damage if their customers learn that their data has been breached. This can lead to lost customers and decreased sales.



Government fines: Businesses may be fined by the government for violating data security laws.



How can businesses prevent data security breaches?



There are a number of steps that businesses can take to prevent data security breaches, including:



Implementing strong security measures: Businesses should implement strong security measures to protect their data, such as firewalls, encryption, and access controls.



Training employees: Businesses should train their employees on how to protect data, such as how to create strong passwords and how to identify phishing scams.



Conducting regular security audits: Businesses should conduct regular security audits to identify and fix vulnerabilities in their systems.



What are the remedies for data security breaches?



If a business suffers a data security breach, there are a number of remedies available, including:



Injunctive relief: A court can order the business to take steps to remediate the breach and to prevent future breaches.



Damages: Individuals who have suffered harm as a result of a data security breach may be able to sue the business for damages.



Criminal penalties: In some cases, individuals or businesses may be prosecuted for violating data security laws.



Conclusion



Data security breaches are a serious problem that can have a significant impact on individuals and businesses. Businesses should take steps to prevent data security breaches, and individuals should be aware of the risks and take steps to protect their own data. If you believe that your data has been compromised, you should contact an attorney to discuss your legal options."

11/22/2023 Order [non-document] granting Defendant's 20 Motion to Stay. Case 3:23-cv-01224-JRK is stayed pending a determination by the United States Judicial Panel on Multi-District Litigation in In re Fortra File Transfer Software Data Security Breach Litig., MDL Docket No. 3090. Judge James R. Knepp II on 11/22/2023. (B,JL) (Entered: 11/22/2023)