The opinion noted that the “nine named Plaintiffs are current or former employees of Altice whose personal identifying information, including Social Security numbers, was stolen in the breach.” Accordingly, the plaintiffs brought various claims, including “negligence, negligence per se, breach of implied contract, violation of the New York Labor Law, and violation of the Cable Communications Act of 1984” against Altice for purportedly “failing to take adequate measures to protect their data.”Īltice moved to dismiss for lack of subject-matter jurisdiction asserting that the plaintiffs failed to sufficiently allege injury for Article III standing Altice moved to compel arbitration for seven out of the nine named plaintiffs based on the General Terms and Conditions to which they supposedly agreed to as Altice subscribers and Altice moved to dismiss New York Labor Law claims and the related negligence per se claims, as well as the claims for breach of an implied contract, for failure to state a claim. The court noted that an investigation indicated that “one of the downloaded email inboxes contained a password-protected, but not encrypted, document with the names, employment information, dates of birth, social security numbers, and in some instances, driver’s license numbers of 52,846 current and former Altice employees. In November 2019, the opinion recounted, bad actors carried out a phishing attack on Altice, accessing email accounts after employees inadvertently disclosed their login credentials. Additionally, the court deferred judgment on the motion to compel arbitration. denying Altice’s motion to dismiss for lack of subject-matter jurisdiction but granting its motion to dismiss for failure to state a claim as to some of the claims made by the plaintiff.

Furman of the Southern District of New York issued an opinion in the putative class action suit resulting from a November 2019 data breach at television and communications provider Altice USA, Inc.

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