"What happens in Vegas" may not stay in Vegas, thanks to a lawsuit filed by Isaac Dwek on behalf of himself and a class of tens of thousands of people from across the country.
Dwek and other class members have become a victim of a cyber-attack committed by cybercriminals against one of the biggest names in the entertainment industry: Caesars Entertainment, Inc. The suit alleges Caesar's Entertainment did not do enough to mitigate the risk of a cyberattack and data breach.
According to the lawsuit, Caesars Entertainment failed to adequately safeguard its customers' confidential personal identifying information (PII). The fallout from this failure is significant. The cyberattack resulted in the unauthorized access and theft of sensitive PII, including names, driver's license numbers, and social security numbers. This breach of trust has left Dwek and others at risk of identity theft, fraud, and other unauthorized activities.
"Defendant's failure to implement proper security measures and comply with industry standards allowed cybercriminals to obtain the PII," the lawsuit states. This is a serious allegation. If true, it suggests a lack of due diligence on the part of Caesars Entertainment. The legal theories underpinning the lawsuit are based on common law negligence, invasion of privacy, breach of contract, and breach of implied contract. In layperson's terms, Dwek alleges that Caesars Entertainment didn't do what it should have done to protect its customers' data.
The negligence claim hinges on the idea that Caesars Entertainment had a duty to protect its customers' PII and that it failed in that duty. The invasion of privacy claim is based on the public disclosure of private facts, a tort that occurs when one person reveals information that is not of public concern and the release of which would offend a reasonable person.
The breach of contract claim is more nuanced. It suggests that when customers provided their PII to Caesars Entertainment, there was an implied contract that the company would protect that information. The company is said to have breached that contract by failing to do so.
The lawsuit seeks various forms of damages, including actual damages for economic loss and emotional distress, punitive damages, and injunctive relief. It also seeks fees and costs of litigation. The actual and emotional distress damages are pretty straightforward, representing the plaintiffs' financial loss and emotional harm. Punitive damages, on the other hand, are intended to punish the defendant and deter others from engaging in similar behavior.
The case is still in its early stages, and how it will play out in court remains to be seen. But one thing is clear: the stakes are high, not just for Dwek and the other plaintiffs, but for all of us who entrust our personal information to companies like Caesars Entertainment.