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Contracts
Breach of Implied Contract
Negligence

Lowell Parker, individually and on behalf of all others similarly situated v. Metromile LLC

Published: Dec. 29, 2023 | Result Date: Aug. 23, 2023 | Filing Date: Dec. 13, 2022 |

Case number: 37-2022-00049770-CU-BT-CTL Settlement –  $775,000

Judge

Keri G. Katz

Court

San Diego County Superior Court


Attorneys

Plaintiff

Rachele R. Byrd
(Wolf, Haldenstein, Adler, Freeman & Herz LLP)

M. Anderson Berry
(Clayeo C. Arnold APLC)


Defendant

Benjamin H. Kleine
(Cooley LLP)

Tiana A. Demas
(Cooley LLP)


Facts

Around March 2021, Metromile Inc. sent notification of a data incident to those who may have been affected, including Lowell Parker. Parker first filed a class action lawsuit on September 30, 2021, in USDC Northern, but re-filed in San Diego Superior on December 13, 2022.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that from July 2020 through January 2021, hackers obtained personally identifiable information (PII) from defendant's over 100,000 consumers. The PII included driver's license numbers. As a result of the incident, plaintiff alleged that an unauthorized user was able to access plaintiff's, and others, PII, including, among others, names, addresses, and driver's license numbers.

DEFENDANT'S CONTENTIONS: Defendant denied all claims and further denied it did any wrongdoing.

Result

The case settled for $775,000 which provided class members filing valid claim forms to be reimbursed for up to $5,000 out-of-pocket expenses and documented lost time resulting from the data incident. Alternatively, the class member could seek a flat monetary settlement of approximately $30. Finally, credit monitoring and identity-protection services would be available for 2 years to the class members, and defendant also agreed to take reasonable steps to further secure personal information on its platform.


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