A magistrate judge in Kansas denied the defendant's request
to conduct discovery of putative class members via a voluntary
questionnaire.
Plaintiff Hapka filed a class action against home health care
provider CareCentrix stemming from a 2016 data breach of
employees' personal information, including wage and tax
statements. Plaintiff alleged a fraudulent tax return was filed in
her name following the cyberattack and that she continued to be at
a heightened risk for tax fraud and identity theft.
Defendant CareCentrix filed a motion seeking to conduct putative
class discovery by sending a "simple, voluntary
questionnaire" to the nearly 2,000 individuals whose private
information was stolen. Defendant argued this discovery was
necessary to test whether anyone else in the class shares
plaintiff's fear of future increased risk of identity theft and
fraud. This information, defendant contended, was necessary to
evaluate whether the plaintiff is typical of the class she
