NCB Management Services Beats Most Claims in Data Breach Suit

Bank of America customers suing the bank’s contractor NCB Management Services Inc. over a 2023 data breach may proceed only on claims of negligence and declaratory judgment after a federal court dismissed 15 of their claims under common law and state consumer-protection statutes.

The plaintiffs failed to adequately plead claims of negligence per se, breach of implied contract, breach of third-party beneficiary contract, invasion of privacy, unjust enrichment, and violations of the Driver’s Privacy Protection Act and consumer protection laws of California, Massachusetts, and New York, Judge Kai N. Scott of the US District Court for the Eastern District of ...