- 1798.100 – Consumers right to receive information on privacy practices and access information
- 1798.105 – Consumers right to deletion
- 1798.110 – Information required to be provided as part of an access request
- 1798.115 – Consumers right to receive information about onward disclosures
- 1798.120 – Consumer right to prohibit the sale of their information
- 1798.125 – Price discrimination based upon the exercise of the opt-out right
30-2021-01181929-CU-BC-CXC
Date Filed
February 01, 2021
Sector
Healthcare/Medical Supplies
Case Number
30-2021-01181929-CU-BC-CXC
Court
Superior Court of Orange
Plantiff(s)
Mullinix, Vela, Orozco, et al.
Allegation
Putative class action against a fertility clinic network. Defendant is alleged to have failed to protect patient PII (names, addresses, dates of birth, MPI numbers, and social security numbers) thereby allowing unauthorized third parties to gain access. Defendant is further alleged to have failed to adequately notify plaintiffs of the unauthorized access of their PII. The data breach is alleged to have occurred between August 12, 2020 and September 14, 2020.
Complaint alleges a violation of the CCPA § 1798.150(a)(1): Failure to implement and maintain reasonable security procedures sufficient to protect PII. Plaintiffs also bring various claims for breach of express an/or implied contractual promise, breach of covenant of good faith and fair dealing, negligence per se, negligence, violation of CA's Unfair Competition Law § 17200 et seq., violation of CA's Consumer Legal Remedies Act § 1750 et seq., violation of the Maryland Consumer Protection Act (Md. Code Comm. Law § 13-301 et seq.), and violation of the Maryland Personal Information Protection Act (Md. Code Ann., § 14-3501 et seq.).