A new putative class action lawsuit has been filed against the hotel chain owned by Donald Trump in the United States District Court for the Southern District of Illinois, after the hotel chain revealed that it had been the subject of a data breach.  The suit asserts claims under “state consumer protection laws” and “state data breach notification statutes” of the states of the affected class members, along with claims of negligence, breach of implied contract, and unjust enrichment. 

The suit claims that the Trump Hotel Collection failed to enact appropriate computer safeguards to prevent the breach.  The complaint alleges that “the root cause of the data breach was defendants’ failure to fix elementary deficiencies in their security systems, abide by industry regulations and respond to other similar data breaches directed at retailers.  Had defendants acted competently, criminals would have been unable to access the [personal identifying information].” 

The lawsuit claims that the stolen data has since been used by criminals, and it also accuses the organization of not disclosing the breach in a timely manner after it was discovered. 

Parent entity The Trump Organization previously disclosed that it had found malicious software on payment card systems at two locations in New York and others in Chicago, Miami, Las Vegas, Waikiki, and Toronto.  Customers who used their credit cards between May 19, 2014, and June 2, 2015, were potentially affected.

This year has already seen several data breaches and related class action lawsuits.  Troutman Sanders LLP has extensive experience in defending data breach class action lawsuits nationwide.