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Advance Auto Parts class action lawsuit alleges data breach affects employees and applicants

Advance Auto Parts class action lawsuit alleges data breach affects employees and applicants

Close up of Advance Auto Parts store sign depicting Advance Auto Parts class action lawsuit.Close up of Advance Auto Parts store sign depicting Advance Auto Parts class action lawsuit.
(Image credit: Ken Wolter/Shutterstock)

Advance Auto Parts Class Action Lawsuit Overview:

  • WHO: Charles McGee has filed a class action lawsuit against Advance Auto Parts Inc.
  • Why: McGee claims Advance Auto Parts is responsible for a data breach discovered last month.
  • Where: The class action lawsuit was filed in federal court in North Carolina.

Advance Auto Parts is responsible for a data breach discovered last month that affected company employees, according to a new class action lawsuit.

In his class action lawsuit, plaintiff Charles McGee alleges that while Advance Auto Parts believed it could “exercise due diligence” to protect the confidential information provided to it, it stored that information in a database that was “negligently and/or recklessly configured.”

“Defendant assumed a legal and reasonable duty to these individuals to protect and secure this information from unauthorized access and intrusion,” Advance Auto Parts’ class action lawsuit states.

McGee seeks to represent a nationwide group of all individuals whose private information was actually or potentially accessed or obtained during the Advance Auto Parts data breach.

Class Action Lawsuit: Advance Auto Parts Failed to Provide Adequate Notice of Data Breach

McGee argues that the data theft – which was recently reported by Advance Auto Parts to the U.S. Securities and Exchange Commission (SEC) – was due to the fact that the private information was stored in a database that was not password protected.

“It was foreseeable that cybercriminals would exploit this obvious vulnerability, exfiltrate private information of plaintiff and class members from the database, and then offer that information for sale on the dark web,” Advance Auto Parts’ class action lawsuit states.

McGee claims that Advance Auto Parts also failed to provide him and the other members of the proposed class in a timely manner that their data had been stolen and offered for sale on the dark web.

The Advance Auto Parts class action lawsuit alleges negligence or negligence per se, breach of implied contract, and unjust enrichment.

Plaintiff demands a jury trial and seeks injunctive relief, declaratory relief, and an award of actual, consequential, and figurative damages for himself and all class members.

A separate class action lawsuit filed last year against Advance Auto Parts alleges that the company no adequate accommodation provided for nurses, which is an alleged violation of federal law.

Were you affected by the Advance Auto Parts data breach? Let us know in the comments.

The plaintiff is represented by Seth C. Harris and Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC and Bryan L. Bleichner and Philip J. Krzeski of Chestnut Cambronne PA.

The Advance Auto Parts Class Action Lawsuit Is McGee et al. v. Advance Auto Parts, Inc.Case No. 5:24-cv-00352, in the United States District Court for the Eastern District of North Carolina.



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