Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Dunkin’ Donuts Facing NY AG Suit Over Data Breach Response

Author: Scarinci Hollenbeck, LLC

Date: November 25, 2019

Key Contacts

Back

In Response to How the Company Handled its 2015 Data Breach, NY AG Letitia James Recently Filed a Lawsuit Against Dunkin’ Brands, Inc.

Dunkin’ Donuts is in hot water (not coffee) over its response to a 2015 data breach. New York Attorney General Letitia James recently filed a lawsuit against Dunkin’ Brands, Inc. (Dunkin’), alleging that the coffee-chain franchisor committed fraud by misinforming its customers about the nature of the cyberattack.

Dunkin’ Donuts Facing NY AG Suit Over Data Breach Response

“Dunkin’ failed to protect the security of its customers,” Attorney General Letitia James argues in a press statement. “And instead of notifying the tens of thousands impacted by these cybersecurity breaches, Dunkin’ sat idly by, putting customers at risk. My office is committed to protecting consumer data and holding businesses accountable for implementing safe security practices.”

NY AG Lawsuit Against Dunkin’ Donuts

According to the lawsuit against Dunkin’, customer accounts, created through the Dunkin’ website or free mobile app for Android and iOS devices to manage DD value cards, were targeted in 2015 by a series of “brute force attacks.” The attacks involve repeated, automated attempts to gain access to accounts, often using usernames and passwords stolen through security breaches of other unrelated websites or online services. As a result of the brute force attacks, almost 20,000 customer accounts were compromised, and tens of thousands of dollars on customers’ DD cards were stolen. 

By May 2015, Dunkin’ personnel were receiving customer reports that their accounts had been hacked. In addition, a third-party app developer for Dunkin’ repeatedly alerted the company to attackers’ ongoing attempts to log in to customer accounts, and even provided Dunkin’ with a list of 19,715 accounts that had been compromised by attackers over just a five-day period.  

The Attorney General’s lawsuit alleges that Dunkin’ failed to properly respond to the breach. “Dunkin’ failed to conduct an appropriate investigation into, and analysis of, the attacks to determine which customer accounts had been compromised, what customer information had been acquired, and whether customer funds had been stolen,” the suit alleges. It further maintains that Dunkin’ failed to take steps to protect customers whose accounts had been breached. “Among other failures, Dunkin’ did not notify its customers of the breach, reset their account passwords to prevent further unauthorized access, or freeze the stored value cards registered with their accounts,” the suit states. 

In late 2018, a vendor notified Dunkin’ that customer accounts were again compromised, with the attacks leading to the unauthorized access of more than 300,000 Dunkin’ customer accounts, many of which had DD cards associated with them. According to the suit, although Dunkin’ contacted impacted customers, it failed to disclose that customer accounts had been accessed without authorization. Rather, the company stated that a third party had merely “attempted” to log in to the customers’ accounts and that the attempt may not have been successful, according to the suit.     

The suit alleges that Dunkin’ violated New York’s data breach notification statute, General Business Law § 899-aa, by failing to notify consumers and New York State authorities of the 2015 data breach, and failing to accurately notify consumers of the 2018 data breach. The lawsuit also alleges that Dunkin’ violated New York’s consumer protection laws, including Executive Law § 63(12), and General Business Law §§ 349 and 350, by misrepresenting to consumers that it provided reasonable safeguards to protect customers’ personal information when they first signed up for an account. The state is seeking injunctive relief, full restitution to customers, civil penalties, and other remedies.

Determining When Data Breach Notification Is Required

Dunkin’ Donuts maintains that its investigation failed to conclude that any customer accounts were wrongfully accessed. Accordingly, it determined customer notification was not required.

As the Dunkin’ data breach suit highlights, companies often struggle to determine whether they must inform customers of a data breach. The current regulatory landscape does not make the process any easier. While regulators such as the Securities and Exchange Commission and the Department of Health and Human Services have issued guidance for businesses under their purview, there is no federal law governing data breaches. To fill the void, states like New York and California have enacted their own regulations.

The state-level regulations are not consistent and continue to evolve. In New York, Gov. Andrew Cuomo signed the SHIELD Act into law this summer, which amends the state’s data breach notification requirements.

To meet the challenges of complex and ever-evolving data breach notification requirements, we encourage businesses to stay on top of legal developments and regularly consult with experienced counsel regarding your data security policies and procedures.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, David Einhorn, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable? post image

Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable?

Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]

Author: Chris Seelinger

Link to post with title - "Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable?"
How Expert Witness AI Use Ends Up in Discovery post image

How Expert Witness AI Use Ends Up in Discovery

“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]

Author: Chris Seelinger

Link to post with title - "How Expert Witness AI Use Ends Up in Discovery"
The Screenshot Problem: Why Nothing Is Really Private Anymore post image

The Screenshot Problem: Why Nothing Is Really Private Anymore

Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]

Author: Sean M. Pena

Link to post with title - "The Screenshot Problem: Why Nothing Is Really Private Anymore"
BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers post image

BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]

Author: Nicholas Wall

Link to post with title - "BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers"
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!