Litigators Say Fictitiously Named Plaintiffs in Data Breach Cases a Growing Problem
Class-action plaintiffs using fictitious names in data breach litigation is “a growing trend that raises serious procedural and strategic concerns,” Clark Hill attorneys blogged Friday.
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Some plaintiffs use names like John or Jane Doe to hide the plaintiff’s actual name, wrote the law firm’s Mason Floyd, Peter Berk and Madison Shepley. “While this tactic may appear benign -- or even routine -- it is legally improper in most civil litigation, and especially troubling in the context of putative class actions.”
“Fictitious names have been allowed in order to protect the privacy of children, rape victims, and particularly vulnerable parties or witnesses,” they said. “However, class action data breach cases do not fall within any identified or previously allowed exception. Despite this, we are seeing anonymous filings in data breach class actions -- often without any meaningful explanation.”
The lawyers said that’s a problem for defendants for various reasons, including because it prevents companies from confirming the plaintiff is a real person who was affected by the alleged data breach.