The Indiana Attorney General recently lodged a claim under the Indiana Deceptive Consumer Sales Act (Indiana Deception Act) that might allow data breach victims to file class action lawsuits against companies and recover $500 or more per person in damages and attorney’s fees.
If successful, this could open the floodgates of litigation against companies who suffer data breaches exposing personally identifying information.
The Indiana Deception Act
The Indiana Deception Act protects consumers from companies who commit deceptive and unconscionable sales acts. Under the Indiana Deception Act, a company “may not commit an unfair, abusive, or deceptive act, omission, or practice in connection with a consumer transaction.” For the first time, the Indiana Attorney General recently argued that this Act should apply to data breaches. Continue reading Indiana Argues Companies are Deceptive if They Suffer a Data Breach