New T-Mobile Data Breach Class Action Is Filed in Same Mo. Court as MDL

The personally identifiable information (PII) of plaintiffs Peter Ferrendino and Jacob Kilgore was “exfiltrated and compromised” in the data breach that T-Mobile announced Jan. 19, alleged a new class action Friday (docket 4:23-cv-00418) in U.S. District Court for Western Missouri in Kansas City. That’s the same court to which the Judicial Panel on Multidistrict Litigation, in a June 2 order (see 2306050001), transferred the 16 previous class actions emanating from the same data breach for pretrial consolidation under U.S. District Judge Brian Wimes. The Ferrendino/Kilgore case was assigned to U.S. District Judge Fernando Gaitan. Their class action arises from T-Mobile’s failure “to protect their information systems that contain PII,” and its failure to provide “timely and adequate notice” to the plaintiffs and their proposed class members that their PII “had been compromised,” it said. The data breach “was a direct result of T-Mobile’s failure to implement adequate and reasonable cybersecurity procedures and protocols,” it said. The complaint, for negligence, breach of contract and invasion of privacy, alleges violations of multiple statutes, including the Ohio Consumer Sales Practices Act, the Ohio Deceptive Trade Practices Act, the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and the Declaratory Judgment Act. Ferrendino is a resident of Pennsylvania and Kilgore lives in Ohio.