While data breach class action lawsuits are not new, it seems the number of suits being filed is increasing at a dizzying pace. This might be due to an increase in the number of larger data breaches occurring. More data breaches equal more class actions even if the ratio of breaches to class actions remains the same, although we are not aware of any statistical compilations on this issue.

Nevertheless, more class actions are being filed, and this is happening more quickly after notification of the breach, sometimes with relatively fewer class members, and less personal information being accessed or disclosed in the breach. In Baughman v. T-Mobile U.S., T-Mobile, notified the plaintiff and class members of the data breach on Jan. 20. Just two days later, on Jan. 22, the plaintiff filed her class action lawsuit.

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