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.

 

 

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Photo of David M. Gettings David M. Gettings

Dave is a partner of the firm who focuses on defending clients in consumer class actions and complex commercial litigation nationwide, particularly cases involving a variety of federal and state laws and regulations, including the Fair Credit Reporting Act (FCRA), the Telephone Consumer

Dave is a partner of the firm who focuses on defending clients in consumer class actions and complex commercial litigation nationwide, particularly cases involving a variety of federal and state laws and regulations, including the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA) and associated FCC regulations, the Fair Debt Collection Practices Act, the Truth in Lending Act, the Electronic Fund Transfer Act, and many similar state consumer protection statutes.

Photo of David N. Anthony David N. Anthony

David Anthony handles litigation against consumer financial services businesses and other highly regulated companies across the United States. He is a strategic thinker who balances his extensive litigation experience with practical business advice to solve companies’ hardest problems.

Photo of John C. Lynch John C. Lynch

John is a first-chair litigator with a distinguished defense record in class action matters and other high-stakes litigation. He is sought after for his trial-to-verdict experience in state and federal courts throughout the U.S., effective strategies, and practical advice.

Photo of Ronald I. Raether, Jr. Ronald I. Raether, Jr.

Ron leads the firm’s Privacy + Cyber team. Drawing from nearly 30 years of experience, he provides comprehensive services to companies in all aspects of privacy, security, data use, and risk mitigation. Clients rely on his in-depth understanding of technology and its application

Ron leads the firm’s Privacy + Cyber team. Drawing from nearly 30 years of experience, he provides comprehensive services to companies in all aspects of privacy, security, data use, and risk mitigation. Clients rely on his in-depth understanding of technology and its application to their business to solve their most important challenges — from implementation and strategy to litigation and incident response. Ron and his team have redefined the boundaries of typical law firm privacy and cyber services in offering a 360 degree approach to tackling information governance issues. Their holistic services include drafting and implementing bespoke privacy programs, program implementation, licensing, financing and M&A transactions, incident response, privacy and cyber litigation, regulatory investigations, and enforcement experience.

Photo of Tim J. St. George Tim J. St. George

Tim defends institutions nationwide facing class actions and individual lawsuits. He has particular experience litigating consumer class actions, including industry-leading expertise in cases arising under the Fair Credit Reporting Act and its state law counterparts, as well as litigation arising from data breaches.