While data breach class action lawsuits are not new, it seems the number of suits being filed is increasing at a dizzying pace. This might be due to an increase in the number of larger data breaches occurring. More data breaches equal more class actions even if the ratio of breaches to class actions remains the same, although we are not aware of any statistical compilations on this issue.

Nevertheless, more class actions are being filed, and this is happening more quickly after notification of the breach, sometimes with relatively fewer class members, and less personal information being accessed or disclosed in the breach. In Baughman v. T-Mobile U.S., T-Mobile, notified the plaintiff and class members of the data breach on Jan. 20. Just two days later, on Jan. 22, the plaintiff filed her class action lawsuit.

These lawsuits have become exceptionally similar, seemingly with only the names of the parties and the dates of the events changing. They each allege that the breach was foreseeable, the defendant was aware of the risk, the breach could have been easily prevented if the defendant had the right security measures in place, and the defendant failed to follow regulations for the security of information, e.g., the Health Insurance Portability and Accountability Act (HIPAA). After the breach occurred, the defendant failed to timely notify the affected individuals, further exacerbating the damages suffered by the plaintiff.