In April 2018, Rebecca Murray filed a putative class action suit against Under Armour relating to the March 2018 data breach of Under Armour’s MyFitnessPal nutrition and fitness app. On Tuesday, May 15, 2018 Under Armour filed a notice of removal transferring the case to federal court in the Central District of California Murray v. Under Armour, 2:18-CV-04032.
The case arises from a data breach which Under Armour announced in late March 2018. Under Armour said that the breach affected an estimated $150 million app users. The breached data included account user names, email addresses and hashed passwords. The app does not collect or store government-issued identifiers such as Social Security numbers or driver’s license numbers. The company also assured users that no payment card information was breached because it is collected and processed separately.
Murray’s action asserts that prospective class members include users whose personally identifiable information was accessed by an “unauthorized party.” Among other claims, the plaintiff is alleging breach of an implied contract and negligence related to Under Armour’s insufficient protection of the information it was entrusted to protect. The complaint alleges that the class members “paid substantial premiums for Under Armour services and trusted Under Armour with their sensitive data.” The complaint also alleges that “class members have been placed at an imminent, immediate, and continuing increased risk of harm from identity theft and identity fraud, requiring them to take the time and effort to mitigate the actual and potential impact…”
In light of many recent data breaches, including the notorious Facebook scandal, companies are expected to ramp up their security measures to protect the personal information of their users. Under Armour said they are “working with leading security firms to assist in its investigation, and also coordinating with law enforcement authorities.” More details regarding the company’s position are expected to emerge as the class action suit develops.