Judge Rules That Yahoo Data Breach Victims Have Right to Sue Company

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Several months after Yahoo warned users of a third data breach that occurred between 2015 and 2016, U.S. District Judge Lucy Koh in San Jose, California has said that breach victims now have the right to sue the company, allowing them to pursue breach of contract and unfair competition claims (via Reuters). Previously, Yahoo argued that these individuals lacked grounds to sue the company, but Koh has now rejected that claim.


This leaves "well over 1 billion users" open to sue the company, all of whom were affected by one of three total data breaches that began to gain notoriety in September 2016, when the company disclosed that "at least" 500 million Yahoo accounts were compromised in a late 2014 cyber attack. A second attack was disclosed in December 2016, regarding a user information leak that happened in August 2013, and then the third and presumably last warning about a previous attack came in February 2017.

This outlined a period of data breaches that began in 2013 and lasted until 2016, with Yahoo waiting more than three years to reveal information about any of the attacks. Breached info related to names, email addresses, telephone numbers, birth dates, hashed passwords, and both encrypted and unencrypted security questions and answers.

Because each affected user now faces the risk of identity theft, Koh ruled in a 93-page decision that plaintiffs can now amend previously dismissed complaints to gain new legal ground against Yahoo.

“All plaintiffs have alleged a risk of future identity theft, in addition to loss of value of their personal identification information,” the judge wrote. Koh said some plaintiffs also alleged they had spent money to thwart future identity theft or that fraudsters had misused their data. Others, meanwhile, could have changed passwords or canceled their accounts to stem losses had Yahoo not delayed disclosing the breaches, the judge said.

“We believe it to be a significant victory for consumers, and will address the deficiencies the court pointed out,” John Yanchunis, a lawyer for the plaintiffs who chairs an executive committee overseeing the case, said in an interview. “It’s the biggest data breach in the history of the world.”

Yahoo's disclosure of the security breaches came in the midst of its acquisition by Verizon, and ended up affecting the carrier's offer. After an initial offer of $4.83 billion, Verizon ended up purchasing Yahoo's core business assets for $4.48 billion in order to limit potential liability. The deal closed this past summer and at the same time, Verizon announced plans to lay off about 2,100 Yahoo employees.

Tag: Yahoo

Top Rated Comments

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40 months ago
Verizon still went through with the deal to buy Yahoo. Are their coffers now in play in a huge class action suit?
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40 months ago
Spanking Yahoo, is a good first start; but how about raising the penalty for Identify Theft beyond that of a mild scolding? How about making Identity Theft a severe Felony, meaning hard jail time, so that it's actually discouraged? Seems that those that are caught, go right back out and do it again, and again, and again.
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40 months ago
Database administrators take note: Take extraordinary precautions to protect all the personal info entrusted to you, or you shall be held accountable in a court of law for any breaches of confidential customer data.
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40 months ago
Oh, I hand't heard the Verizon deal went through. Verizon likely has deeper pockets... maybe a class-action $10B lawsuit or something would be good for an industry lesson. I can't believe Verizon was stupid enough to buy that mess.
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40 months ago

The thing is, this is most people in the world, so it's the other way around: If they can't make security usable by the average user, they shouldn't be making tech in the first place. Also, even for experts, it's a waste of time to have to research how to use front-end services.

I sort of agree from a UX standpoint, though I'm not sure what the alternative is, and it can only be made so simple, at some point. (Maybe an education campaign on password managers, and strong recommendation of a few good ones... that's what I've been trying to do. Plus, there are other benefits, as I keep other useful info in that that it's handy to have with me.)

But, a lot of these insecure systems are designed as such as lazy ways to 'optimize' the workload for the companies. Getting your account unlocked, if you've lost your password, etc. should take a bit of work to resolve, not a simple 'security question.'

Sickens me when I consult other companies data management and see that their databases are plain text, except for the password. Truly feel sick to my stomach.

And, then there's Equifax who was even using 'admin' and 'admin' defaults on some of their systems. :eek:
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40 months ago

Database administrators take note: Take extraordinary precautions to protect all the personal info entrusted to you, or you shall be held accountable in a court of law for any breaches of confidential customer data.

Well, I'd put more focus on the fact that it happened multiple times and they failed to reveal any information because they knew it would kill them.
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