John A. Vogt

Vogt, a Jones Day partner, practices cybersecurity, privacy and consumer data class action defense; data breach response and cybersecurity and data protection compliance. He is a founding member of the firm’s cybersecurity, privacy and data protection practice.

Despite the restrictions imposed by coronavirus precautions, he said there’s an upside that involves economic benefits for clients. “I have had remote hearings in New York federal court cases and I just had a virtual settlement conference and mediation. What with the usual routine of flying out to the venue, plus hotel, that was $10,000 in real money saved because of this situation. That’s certainly a positive going forward.”

In his 20-plus years at the firm, Vogt has defended more than 100 class actions involving data breach and consumer privacy issues. He regularly advises clients on their cybersecurity and data privacy obligations. He also leads teams involved in state attorney general and federal government regulatory investigations over cybersecurity and privacy concerns.

For client Experian PLC, a multinational consumer credit reporting company that maintains data on more than a billion people, Vogt had a remarkable string of successes this year in class actions challenging the company’s data handling practices. “These were strong outcomes in a very short time period,” he acknowledged.

On July 24, 2020, he obtained summary judgment in a case alleging claims that Experian failed to employ reasonable procedures to capture the bankruptcy consequences in reporting student loans to non-Title IV schools. The court found that the reporting was accurate. Mader v. Experian Information Solutions LLC, 1:19-cv-03787 (S.D. N.Y., filed April 29, 2019).

On July 15, 2020, Vogt obtained dismissal with prejudice of a case alleging claims under the Drivers Privacy Protection Act, the Electronic Communications Privacy Act and the Fair Credit Reporting Act. The complaint contended that Experian furnished a product called a Mosaic Score to Tesla Inc. without consumer consent. Following three successive dismissal motions, the court agreed. Skiles v. Experian Marketing Services Inc. 3:17-cv-05434 (N.D. Cal., filed Sept. 19, 2017).

On June 29, 2020, he obtained dismissal with prejudice of a case alleging claims under the Electronic Funds Transfer Act, the Credit Repair Organizations Act, the Wisconsin Consumer Act and other statutes. Plaintiffs complained that a hacker obtained unlawful access to credit card information and used it to open fraudulent accounts, including one with Experian, and that Experian unlawfully charged him for transactions made by the identity thief. Carrington v. Experian Information Solutions Inc., 3:19-cv-00398 (W.D. Wis., filed May 15, 2019).

On May 12, 2020, Vogt obtained dismissal of a case in which plaintiffs alleged five violations of the Fair Credit Reporting Act stemming from a data breach involving a third-party data analytics company. The court granted plaintiffs’ leave to amend their complaint. Tailford v. Experian Information Solutions Inc., 8:19-cv-02191 (C.D. Cal., filed Nov. 12, 2019).

“I’m proud of these results and proud of our strong team of lawyers throughout the firm,” Vogt said.

— John Roemer