ATLANTA (Legal Newsline) – A Washington State man and a Georgia man allege their personal information was stolen in a data breach.
Darren Glean and James Hunter, individually and on behalf of all others similarly situated, filed a complaint on May 11 in the U.S. District Court for the Northern District of Georgia against Aptos Inc. and Tempur Sealy International Inc. over alleged violation of the Georgia Security Breach Notification Act and Washington Consumer Protection Act.
According to the complaint, the plaintiffs allege that in November 2016, Aptos discovered a data breach that involved the theft of customers' personal information. The plaintiffs allege Aptos waited two months to disclose the breach to clients, which included Tempur Sealy. The suit states Tempur Sealy did not disclose the breach until April 2017.
The plaintiffs, who purchased Tempur Sealy products, claim after the data breach they were subjected to unauthorized and fraudulent charges to their credit cards and were forced to spend time traveling to bank, reporting the unauthorized charges, and working with bank personnel to cancel ongoing charges.
The plaintiffs hold Aptos Inc. and Tempur Sealy International Inc. responsible because the defendants allegedly failed to maintain adequate computer systems and data security practices to safeguard customers' personal information.
The plaintiffs request a trial by jury and seek appropriate monetary relief, award pre- and post-judgment interest, and such other and further relief as the court may deem just and proper. They are represented by David J. Worley, James M. Evangelista and Kristi Stahnke McGregor of Evangelista Worley LLC in Atlanta.
U.S. District Court for the Northern District of Georgia Case number 1:18-cv-02091-ELR