OneTouchPoint CCPA Data Breach Class Action Investigation

The California Consumer Privacy Act (“CCPA”) provides consumer Plaintiffs in California with a private right of action to pursue statutory damages following data security breaches that impact certain sensitive categories of personal information and are caused by a business’s failure to institute reasonable and appropriate security. Though the CCPA does not allow private lawsuits with respect to violations of the CCPA’s privacy provisions, it does allow a person to sue for the CCPA’s breach of security provisions. Further, the lack of a specified private right of action has not deterred Plaintiff and counsel from filing suit and arguing that their case should be permitted to proceed or from repackaging a CCPA privacy violation as a violation of California’s unfair practices law, See California Business & Professions Code section 17200, et seq.  Of course, traditional data privacy and data security-related class actions are still being pursued under negligence, fraud, or breach of contract theories.

Two class action lawsuits were filed on August 9, 2022, against OneTouchPoint, a company that provides marketing services to health and medical providers, in the wake of a recent data breach.  Plaintiffs Michael Meeks and Thomas Luca each launched lawsuits against OneTouchPoint, Inc. in the Wisconsin federal court with both plaintiffs alleging different violations of the law.  Luca alleges negligence and breach of fiduciary duty while Meeks alleges negligence, breach of implied contract, unjust enrichment, and invasion of privacy. The two lawsuits stemming from an April 2022 data breach that resulted in unauthorized access to patient data, both lawsuits allege.

Our firm is in receipt of evidence that California consumers have also been impacted by this data breach. Quintilone & Associates, along with other law offices are investigating whether other California consumers are interested in or participating in a class action lawsuit to recover actual, statutory, and other potential damages from the breach.

If you have been impacted by the breach or have any questions about this article, or have issues with unpaid wages, commissions, company charges to your wages, business expenses, off-the-clock work, or any issues with your pay or wages at your current or former employer, please feel free to contact:

Richard E. Quintilone II, Esq.
Kyle Gallego Esq.
Jeffrey T. Green, Esq.
Quintilone & Associates
22974 El Toro Road, Suite 100
Lake Forest CA 92630
Phone 949.458.9675
Fax 949.458.9679
Email req@quintlaw.com

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