Data breached Customer of Capital One, sues them & collection firm for $10 Million. Are Companies continuing to pursue debt even after they cause customers’ Identity theft risks? Should this be allowed? Should Collection agencies also be liable if they accept this business?
A Friend recently filed a $10 M suit in Lake County IL (Jury Demand) against Capital One & a Collection firm. The individual is a Compliancy Expert & suggests Capital One failed to perform their Fiduciary / Duty of Care responsibility to protect its Customers Personal Information & the Collection firm should have culpability buying a debt from a breached firm.
Merits of Case:
- A firm defending a major class action suit for an admitted Data Breach should not take any action against its Customers.
- Debt should not be sold for customers who have had their data breached as identity theft repair costs can be extreme.
- Any collection firm should not purchase debt from a firm that has had customers’ unprotected Personal Information exposed/stolen. If they do purchase debt, they should assume the liability associated with that debt.
- Capital One could have used an AMI by DPIAComply on AWS & avoided the harms of this Breach.
#Capital One #Collection #Data Breach #Credit Cards