Facts

Around the end of March 2021, Don Roberto Jewelers notified several state Attorneys General that it had been a victim of a data breach that involved its customers' personal identifying information which could include, in part, driver's license numbers, Social Security numbers, and employment information. Some weeks later, sometime around April 14, 2021, Don Roberto Jewelers sent Esteban Flores a Notice of Data Breach stating that the attack occurred sometime between February 16, 2021 to about March 3, 2021. Flores then filed suit in Orange County Superior on July 23, 2021 against the jewelry company.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendant's security measures as to its customers' and employees' personal identifying information was inadequate and insufficient to prevent the breach from happening. By collecting and using that data, defendant had assumed certain legal duties to ensure that the information would not be exposed and possibly sold on the dark web.

DEFENDANT'S CONTENTIONS: Defendant denied that it was or could be held liable for the claims.

Result

The case settled for a total of $4 million. Eligible class members can receive cash payments, reimbursement of certain out-of-pocket losses, and up to three years of identity protection and restoration services. In addition, California subclass members would receive an additional cash payment under the CCPA, for a total payment of approximately $325 per class member.