Kraemer North America Faces Class Action Over Data Breach

Will Gendron
Editor in Chief
Published
June 22, 2023 2:29 PM
Updated
June 23, 2023
Kraemer North America Faces Class Action Over Data Breach

A class-action lawsuit has been filed against Kraemer North America, LLC. The plaintiff, Robert Blackwell, alleges that the company failed to put in place adequate measures to secure the personal and financial data of its employees, resulting in a data breach in April 2023. Furthermore, the company is accused of not promptly notifying the affected individuals about the breach.

Blackwell, representing all U.S. residents whose data was compromised in the breach, is seeking a declaratory judgment, damages, treble damages, and injunctive relief. The case was filed on June 20, 2023, in the U.S. District Courts in the Minnesota District.

What Laws Did Kraemer Allegedly Violate?

The lawsuit alleges that Kraemer violated Section 5 of the FTC Act and common law by not employing reasonable data security measures. The company is accused of failing to protect its employees' personal identifying information (PII) and not adequately notifying impacted individuals about the data breach.

"Defendant Kraemer breached its legal duty to employ reasonable data security to secure the personal identifying information (PII) of its employees," states the lawsuit. This alleged breach of legal duty is said to have caused harm to the plaintiff and the class members.

How Did This Situation Unfold?

In April 2023, Kraemer disclosed a data breach that compromised the PII of its employees. The company is accused of not taking adequate security measures to protect this sensitive information. Furthermore, the lawsuit alleges that the company did not promptly inform the affected individuals about the breach.

The plaintiff and the class members argue that if an injunction is not issued, they will suffer irreparable injury and lack an adequate legal remedy in the event of another breach of Kraemer's data systems.

Who Are the Class Members?

The class members in this case are all individuals residing in the United States whose PII was compromised in the data breach disclosed by Kraemer in April 2023. These individuals have been directly affected by the breach and are seeking damages and other relief from Kraemer.

The specific criteria for being a part of the class is that the individual must have had their PII compromised in the data breach and must have received notice of the breach. The class members are eligible in all states in the United States.

What Damages Are Being Sought?

The plaintiff and the class members are seeking a declaratory judgment from the court, requiring Kraemer to employ adequate security protocols to protect its clients' data. They also seek damages, treble damages, and injunctive relief. Although the lawsuit does not specify a dollar amount, it is safe to assume that the damages sought are at least five million dollars.

They demand a trial by jury on all issues so triable, and seek relief in the form of damages, pre-judgment and post-judgment interest, reasonable attorneys’ fees, costs, and expenses, and such other relief as the Court deems just and proper.

What Could Be the Next Steps?

The next steps in this case could involve Kraemer responding to the allegations and both parties preparing for a potential court trial. If the court finds Kraemer guilty of the alleged violations, the company could be ordered to pay damages and take corrective actions to prevent future data breaches.

However, it's important to remember that these are only allegations at this point. The defendant has the right to present their defense and the court will make its judgment based on the evidence presented by both parties.

Category
Data Breach
Case number
0:23-cv-01851
Defendant
Kraemer North America, LLC
Date Filed
June 20, 2023
Jurisdiction
U.S. District Courts
Court
Minnesota District
State
Minnesota
CTA Image
CTA Image
CTA Image
CTA Image
CTA Image
CTA Image
CTA Image
CTA Image
CTA Image