Case: Rodriguez, et al. v. Universal Property & Casualty Ins. Co., No. 0:16-cv-60442-JIC
Court: Southern District of Florida
Provisionally Certified Class: All current and former customers of Defendant who insured real property with Defendant between September 1, 2013 and March 31, 2016.
Attorneys: Frederic S. FoxLaurence D. King, David A. Straite, Mario M. Choi

Kaplan Fox represents the plaintiffs in this digital privacy class action. Universal Property & Casualty Insurance Company is the largest private insurer of residential property in Florida, insuring more than 500,000 homes. Plaintiffs allege that Universal failed to protect sensitive customer information on its website, including customer names, addresses, phone numbers, limits of insurance, and whether the home is secured by a burglar alarm.

Plaintiffs allege that Universal's security lapse was a breach of Universal Property's contractual promise to maintain "physical, electronic and procedural safeguards" to ensure confidentiality of sensitive data. Plaintiffs further allege that defendant's failure was a violation of the data protection mandates of the federal Fair Credit Reporting Act.

On March 7, 2016, Plaintiffs filed a complaint under seal alleging that the sensitive customer information was publicly exposed. The Court granted defendant's request to keep the entire case under seal until April 27, 2016 to allow for remedial action. A redacted complaint was filed thereafter. On August 19, 2016, the Court denied defendant's motion to dismiss and allowed all claims to proceed. On January 31, 2017, the parties reached a class-wide settlement providing injunctive relief and financial benefit to class members. On February 14, 2017, the Court preliminarily approved the settlement and set a fairness hearing for July 31, 2017 in Ft. Lauderdale.