DSIR Deeper Dive: Class Certification Jurisprudence

Over the years, there have been very few class certification rulings in actions arising from data breach incidents. Of those that have been published, most have favored the defense. However, as we discussed in our 2022 Data Security Incident Response Report, the recent ruling in In re Brinker Data Incident Litigation  (“Brinker”)granting class certification has emboldened plaintiffs' firms, in both the number of their litigation filings and their negotiation tactics during mediations. This article provides more information about this recent class certification ruling.

Data on the Dark Web

Brinker was brought against Chili's parent company, by several customers of Chili's restaurants following a data breach. In re Brinker Data Incident Litigation, No. 3:18-cv-686-TJC-MCR, 2021 WL 1405508, at *1 (M.D. Fla. April 14, 2021). Plaintiffs alleged that their personal and payment card information was stolen and placed on Joker Stash, a known marketplace for stolen payment