Attorneys for Arias Sanguinetti filed a data breach class action on behalf of CalPERS members who had their data downloaded by an unauthorized third party after CalPERS provided that information to Pension Benefit Information, LLC and The Berwyn Group, Inc. (“PBI”).
CalPERS, headquartered in Sacramento, is the nation’s largest public pension fund with assets of approximately $240 billion. CalPERS provided PBI with the personal information of retired members, which included their full names, dates of birth and social security numbers.
PBI’s own website claimed the company was focused on “protecting and securing your information” as their “highest priority.” They also claimed “PBI strives to protect the personally identifiable information that we collect, maintain or disseminate, including by using appropriate administrative, physical, and technical safeguards.”
However, in May of 2023, an unauthorized third party downloaded the information of 769,000 retired CalPERS members through PBI’s poorly protected servers. PBI waited until June 4 of 2023 to notify CalPERS, which then sent notices to retired members on June 22. To date, PBI has still not sent any notice to the plaintiff class.
“PBI’s false promises compromised the data of hundreds of thousands of people, many of whom live on a restricted income, and if their credit or financial accounts are accessed, it would be catastrophic,” said attorney Anthony Jenkins of Arias Sanguinetti.
The lawsuit alleges that PBI was negligent in protecting CalPERS members’ personal information, PBI violated the Customer Records Act (Cal. Civ. Code § 1798.82, et seq.), which governs how PBI should have protected the personal information of CalPERS’ members, and that their right to privacy under the California Constitution have been violated.
The case is Terry Cheng et al. v. Pension Benefit Information, LLC, The Berwyn Group, Inc., U.S.D.C. California Western Division, Case No. 2:23-cv-05481. To read the complaint, click here.
About Arias Sanguinetti
As the premier law firm handling sex abuse cases in Los Angeles, Arias Sanguinetti’s trial lawyers are continually honored and recognized for their work on behalf of clients the firm has obtained over $1.5 billion for clients. The firm’s personal injury and medical malpractice attorneys are regularly ranked as some of the best in the nation. The firm also made history obtaining the $852 million settlement against USC on behalf of more than 700 former students, the largest known settlement in a sexual abuse case in U.S. history, as well as the largest known personal injury settlement against a university.
