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The recent AvMed data breach case may open the door for plaintiffs to prove they are victims of identity theft as a result of a data breach, SC Magazine reports. The 11th U.S. Circuit Court of Appeals ruled earlier this month that plaintiffs in Curry v. AvMed sufficiently alleged liability against the health plan provider for the data breach affecting 1.2 million customers that led to identity theft and financial losses for some. “When a company doesn’t live up to the obligation that it’s supposed to…that person has a cause of action for that money he paid toward the protection of his personal information,” said the lawyer representing the plaintiffs.
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