Kenneth Garges, on behalf of himself and all others similarly situated v. Liberty Partners Financial Services LLC
Published: Aug. 30, 2024 | Result Date: Feb. 13, 2024 | Filing Date: Jun. 8, 2022 |Case number: 22CV01190 Settlement – $675,000
Judge
Court
Santa Cruz County Superior Court
Attorneys
Plaintiff
John J. Nelson
(Milberg, Coleman, Bryson, Phillips & Grossman PLLC)
Defendant
Jill H. Fertel
(Cipriani & Werner PC)
Facts
On June 8, 2022, Plaintiff Kenneth Garges, individually, and on behalf of other members of the general public similarly situated, brought a class action against Defendant Liberty Partners Financial Services, alleging privacy violations following a targeted cyberattack and data breach, resulting in the compromise of the PIII belonging to a class of approximately 28,201 current and former Liberty Partners customers.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that Defendant negligently failed to implement and maintain reasonable cybersecurity procedures and practices to protect its customers in violation of the Consumer Privacy Act and Customer Records Act and unjustly enriched themselves with the portion of customers' payments that should have been used for adequate security measures.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
Defendants agreed to pay $675,000 to settle all claims, less a $2,500 class service awards to Garges, $225,000 in attorneys' fees, $11,898.08 in costs, and $77,966.45 in settlement administration costs.
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