MIAMI – A Colorado man has filed a proposed class action lawsuit against a company specializing in commencement products, including class jewelry and graduation caps and gowns, arguing it failed to prevent a recent data breach.
Plaintiff Matthew Becquet, a resident of Fort Collins, Colorado, filed his class action complaint in the U.S. District Court for the Southern District of Florida Nov. 23.
The named defendants include Commemorative Brands Inc., Taylor Publishing Company, and Iconic Group Inc. doing business as Balfour & Co. They are based in Aventura, Florida.
“Balfour & Co., despite having the financial wherewithal and personnel necessary to prevent the Data Breach, nevertheless failed to use reasonable security procedures and practice appropriate to the nature of the sensitive, unencrypted information it maintained for Plaintiff and Class Members, causing the exposure of Plaintiff’s and Class Members’ Private Information,” the 38-page complaint states.
In September, an administrator for Balfour, one of the largest commencement services companies, allegedly and erroneously sent a batch of W-2 forms to an unauthorized individual.
The company learned that private information contained on its network was accessed by the unauthorized third-party. That information included names, addresses, Social Security numbers, and 2024 payroll and tax withholding information.
On Oct. 14, Balfour began sending notice letters to impacted individuals.
Becquet, in his complaint, claims Balfour failed to “properly secure and safeguard” his and others’ private information, and store and transfer that information.
“Balfour & Co owed Plaintiff and Class Members a duty to take all reasonable and necessary measures to keep the Private Information collected safe and secure from unauthorized access,” the complaint states. “Balfour & Co solicited, collected, used, and derived a benefit from the Private Information, yet breached its duty by failing to implement or maintain adequate security practices.”
Now, the plaintiff and class members argue they have lost the ability to control their private information and are subject to an increased risk of identity theft.
“Plaintiff and the Class Members have suffered and will continue to suffer injuries including: financial losses caused by misuse of their Private Information; the loss or diminished value of their Private Information as a result of the Data Breach; lost time associated with detecting and preventing identity theft; and theft of personal and financial information,” the complaint states.
According to the filing, the amount in controversy exceeds $5 million and there are more than 100 putative class members.
Becquet seeks an order certifying the class, him as the class representative, and his attorneys at Fort Lauderdale firm Kopelowitz Ostrow PA as class counsel.
He and the proposed class seek damages, including an award of statutory damages, pre-judgment interest, and an order of restitution.
