Enslin v. The Coca-Cola Company, No. 2:14-cv-06476 (E.D. Pa., filed Nov. 12, 2014)
In January, Coca-Cola Co. announced that over 50 unencrypted laptops containing the personal information of as many as 74,000 employees, contractors, and suppliers were stolen by a (now former) employee. On November 12, a former service technician filed suit on behalf of a putative class of the affected employees, contractors, and suppliers alleging that Coca-Cola’s failure to secure the data and failure to promptly notify the affected parties gives rise to claims for negligence, negligent misrepresentation/fraud, breach of express and implied contract, breach of covenant of good faith and fair dealing, unjust enrichment, bailment, conspiracy, and violations of the Drivers Privacy Protection Act. The plaintiff claims that he has been harmed by the breach when unknown parties used his information to access his credit and bank accounts and to obtain employment in his name. (The lawsuit also names these unknown parties as “Doe defendants.”) The plaintiff also alleges that his credit score was negatively impacted by the fraud on his accounts.