Texas Comptroller Data Breach Class Action Asserts FCRA-FACT Act, Negligence Claims

AUSTIN, Texas—A putative class of some 3.5 million individuals whose personal data was exposed in a data breach at the Texas Office of the Comptroller April 27 filed a complaint in the U.S. District Court for the Southern District of Texas (Cain v. Combs).

The complaint asserts claims under the federal Fair Credit Reporting Act, as amended by the Fair and Accurate Credit Transactions Act, and under state common law negligence related to the discovery that the Comptroller’s Office had left exposed their personal data on an unsecured website for over a year.

The complaint alleged the Comptroller’s ...