PharMerica Corporation Class Action Filed Over Data Breach

In a recently filed class action lawsuit, Charley Luther, the plaintiff, alleges that Pharmerica Corporation failed to adequately protect the private information of its customers. The suit contends that the defendant collected and stored the private information of the plaintiff and other Class Members in its computer system and network, using it for commercial gain and failing to secure and safeguard it, leading to a data breach.

Understanding the Legal Framework

The plaintiff's case is built on the defendant's alleged violation of several federal and state laws. The Stored Communications Act (SCA) and the Computer Fraud and Abuse Act (CFAA) form the federal legal basis of the complaint. These laws mandate businesses to protect the private information of their customers. The plaintiff alleges that the defendant failed to adhere to these laws, leading to a breach of the plaintiff's and Class Members' private information.

On a state level, the defendant is accused of violating California's Consumer Records Act, Consumer Privacy Act, and Consumers Legal Remedies Act. These laws require businesses to implement reasonable data security measures and to notify customers promptly in the event of a data breach.

What Led to the Lawsuit?

The plaintiff alleges that the defendant collected, stored, and used the private information of customers for commercial gain. This information was allegedly stored in the defendant's computer system and network. The plaintiff contends that the defendant failed to implement and maintain reasonable security procedures and practices, leading to a data breach.

According to the plaintiff, the defendant's failure to secure and safeguard its computer system and the private information held within it resulted in the compromise of the plaintiff's and Class Members' private information. This alleged breach forms the basis of the lawsuit.

Who Are the Class Members?

The class members in this lawsuit are individuals whose private information was allegedly compromised in the data breach. They are located throughout the United States and are so numerous that joining all of them in the lawsuit is impracticable. The class members are alleged to have suffered legally cognizable damages as a result of the defendant's misconduct.

It is important to note that the class members are not officers, directors, employees, or affiliates of the defendant. They are also not members of the judiciary to whom the case is assigned, their families, or members of their staff.

What Damages Are Being Sought?

The plaintiff is seeking damages, civil penalties, punitive damages, treble damages, and/or injunctive relief. While the exact dollar amount is not stated in the complaint, it is understood that the plaintiff is seeking at least five million dollars in damages.

The damages sought are a direct result of the alleged negligence of the defendant in failing to protect the private information of the plaintiff and the class members. The plaintiff alleges that this failure led to a data breach, causing significant harm to the plaintiff and the class members.

What Could Be the Next Steps?

As the lawsuit progresses, the court will likely examine the allegations made by the plaintiff and the defenses put forth by the defendant. If the court finds in favor of the plaintiff, the defendant could be ordered to pay damages, civil penalties, punitive damages, treble damages, and/or injunctive relief.

Additionally, the court could order the defendant to implement and maintain reasonable security procedures and practices to prevent future data breaches. This could include the use of more secure data storage methods and more stringent data protection policies.