Class Action Filed Over 2022 Macmillan Publishers Data Breach

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A proposed class action claims the failure of Macmillan Publishers to protect certain personal information in its care is to blame for a June 2022 data breach that affected 19,178 current and former employees.

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The 27-page lawsuit alleges cybercriminals were able to infiltrate Macmillan’s systems for nine days beginning on June 16 of last year because the international publishing company had “no effective means” to prevent, detect or mitigate a cyberattack. The suit more specifically contends that Macmillan, who claimed to have discovered the intrusion on June 25, 2022, failed to safeguard sensitive information stored on its network and failed to adequately train its employees on data security practices.

According to the complaint, Macmillan waited until December 1 to inform current and former employees that their names, Social Security and driver’s license numbers, financial account information and online account login credentials had been compromised by hackers.

“Thus, Defendant kept the Class in the dark—thereby depriving the Class of the opportunity to try and mitigate their injuries in a timely manner,” the case states, adding that victims now face a substantial risk of fraud and identity theft that may continue for years, and which cannot be adequately defended against by the limited credit monitoring and identity services Macmillan has offered affected individuals.

The plaintiff, a former Macmillan employee, claims to have experienced since the incident multiple unauthorized withdrawals from her Bank of Oklahoma account and a “flood” of spam texts and phone calls. Additionally, an unknown actor attempted to use the plaintiff’s financial information to purchase an $800 iPad, the filing relays. Like many other affected individuals, the plaintiff will have to pay out-of-pocket expenses to deal with such damages, the lawsuit says.

Per the complaint, Macmillan was obligated under state and federal law to secure employees’ sensitive data. Moreover, Macmillan promises in its privacy notice to “maintain administrative, technical and physical safeguards designed to protect the personal information you provide,” the case relays.

Although the company claims it has “instituted additional safeguards” in the wake of the data breach, the gesture is “too little too late,” the suit argues.

The case says Macmillan knew, or should have known, that overlooking its data security obligations would likely have detrimental consequences since cyberattacks have become a growing and persistent threat in recent years to companies that store personal information.

“Indeed, cyberattacks have become so notorious that the Federal Bureau of Investigation (‘FBI’) and U.S. Secret Service issue warnings to potential targets, so they are aware of, and prepared for, a potential attack,” the filing reads.

The lawsuit seeks to cover anyone in the United States whose personally identifiable information was compromised in the data breach discovered by Macmillan in December 2022.

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