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Walmart, Capture Rx Data Breach of Prescription Patients Class Action

Businesses that offer healthcare services, including the filling of prescriptions, keep sensitive personal information on file, and they are responsible for safeguarding it. This class action brings suit against Walmart, Inc., Wal-Mart Stores East, LP, and NEC Networks, LLC, which does business as CaptureRx. The complaint alleges that these parties had “a legal and fiduciary obligation to protect” the information it stored. Nevertheless, Capture Rx suffered a data breach that exposed private information.

The class for this action is all persons whose sensitive information was compromised as a result of the data breach which occurred on or around February 6, 2021.

The data breach apparently occurred in February of 2021. However, the complaint claims that the plaintiff in this case, Willard Bays, did not receive notice of it from Capture Rx until nearly three months later.

The complaint argues that the “obligation to protect [Bays’s] sensitive information was included as a material term, with value, in the services provided” by the defendants in this case “and was considered a benefit of the bargain for which Defendants and [Bays] exchanged consideration.”

According to the complaint, the defendants stored Bays’s information “in an electronic location and format that was not reasonably protected, guarded, secured, and/or was otherwise unreasonably accessible in an unprotected electronic and/or physical location.”

In addition, it says, “Defendants also failed to sufficiently invest in privacy protection safeguards, failed to properly train, audit, test, and supervise employees to safeguard devices and system containing [Bay’s] Sensitive Information. Further Defendants failed to reasonably audit, monitor, and maintain the security of its software, systems, and access to [Bays’s] Sensitive Information.”

The first count in the complaint is breach of the duty of confidentiality. The complaint asserts, “Defendants’ actions were committed willfully, wantonly, and with reckless indifference to the rights of others, including Plaintiff and all others similarly situated.”

The other counts include unjust enrichment, breach of contract (express and implied), negligence, and invasion of privacy.

The complaint asks the court for equitable relief, including “(i) an order providing consumer credit protection and monitoring services for Plaintiff; (ii) maintenance of consumer credit insurance to provide coverage for unauthorized use of Plaintiff’s personal information, medical information, and financial information;” and (iii) that Defendants be required to have a device encryption security program to protect against future disclosures.

It also requests monetary damages, including compensatory and punitive damages, restitution for identity theft, and pre- and post-judgment interest.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Walmart, Capture Rx Data Breach Prescription Patients Complaint

August 17, 2021

Businesses that offer healthcare services, including the filling of prescriptions, keep sensitive personal information on file, and they are responsible for safeguarding it. This class action brings suit against Walmart, Inc., Wal-Mart Stores East, LP, and NEC Networks, LLC, which does business as CaptureRx. The complaint alleges that these parties had “a legal and fiduciary obligation to protect” the information it stored. Nevertheless, Capture Rx suffered a data breach that exposed private information.

Walmart, Capture Rx Data Breach Prescription Patients Complaint

Case Event History

Walmart, Capture Rx Data Breach Prescription Patients Complaint

August 17, 2021

Businesses that offer healthcare services, including the filling of prescriptions, keep sensitive personal information on file, and they are responsible for safeguarding it. This class action brings suit against Walmart, Inc., Wal-Mart Stores East, LP, and NEC Networks, LLC, which does business as CaptureRx. The complaint alleges that these parties had “a legal and fiduciary obligation to protect” the information it stored. Nevertheless, Capture Rx suffered a data breach that exposed private information.

Walmart, Capture Rx Data Breach Prescription Patients Complaint
Tags: Exposing Private Information, Exposure to cyber crime, Your Privacy