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December 12, 2013 / Scott Tillett

KBSS Files Class Action Lawsuit Against Adobe Systems, Inc. for Substandard Security of Consumers’ Personal Information That Resulted in Massive Data Breach

On October 3, 2013, Adobe Systems, Inc. (“Adobe”) first announced that approximately 3 million Adobe user accounts, including user login data, names, company names, email addresses, payment information, and other personal information, had been accessed by unauthorized parties. More recently, reports claim that as many as 150 million Adobe user accounts may have been impacted by this data breach.

Adobe requires consumers who purchase Adobe software product licenses and subscription-based services, including Acrobat, Dreamweaver, Fireworks, Flash, Illustrator, Coldfusion, Lightroom, Photoshop, Premiere, Reader, Shockwave Player, and other products and services, to allow Adobe to retain their personal information in a database. As required by the California Data Breach Act, companies that maintain consumers’ personal information must “implement and maintain reasonable security procedures and practices” to protect the information from unauthorized access, disclosure, and use. The Adobe.com website claims that the “latest security best practices are built into every product and service we offer,” and Adobe’s Privacy Policy states:

We understand that the security of your personal information is important. We provide reasonable administrative, technical, and physical security controls to protect your personal information.

After a business becomes aware that its customers’ personal information has been accessed by unauthorized parties or otherwise compromised, the California Data Breach Act requires Adobe to disclose the security breach to inform affected consumers “without unreasonable delay.” However, despite admitting that it was aware of the data breach as early as September 17, 2013, many Adobe customers were not notified that their information had been compromised until mid-October 2013, while some customers have not been notified at all.

On December 3, 2013, Khorrami Boucher Sumner Sanguinetti, LLP filed a class action lawsuit on behalf of American consumers in the United States District Court for the Northern District of California (Case No. 13-cv-05596). To date, two other class action lawsuits (Halpain v. Adobe Systems, Inc., Case No. 13-cv-05226; and Heimlich v. Adobe Systems, Inc., Case No. 13-cv-05611) have also been filed against Adobe on behalf of American consumers related to the 2013 data breach. Each of the complaints alleges that Adobe implemented substandard security measures, made material misrepresentations regarding its security measures, failed to protect consumers’ personal information, and failed to timely inform consumers that their personal information had been compromised.

Search tools are available online, such as http://rpi.ricklubbers.nl/random/adobe/, to help consumers determine if whether their Adobe customer account information may have been accessed by unauthorized persons as a result of the recent data breach. If you believe your personal information has been compromised, we would like to hear from you and learn more about your experience as part of our ongoing investigation into Adobe’s violations of consumer rights. Please call Khorrami Boucher Sumner Sanguinetti, LLP for a confidential consultation.

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