In a significant development, U.S. District Judge John Preston Bailey reinstated the class certification of Marriott guests who had initiated a lawsuit regarding a 2018 data breach. This order comes in the wake of the U.S. Court of Appeals for the Fourth Circuit’s decision to remand the case, subsequently leading to the reversal of the class certification. Successful class certification in data breach lawsuits is not a common occurrence, making this a significant victory for the plaintiffs.
Detailed information on Wednesday’s ruling can be accessed here.
In his ruling, Judge Bailey indicated that Marriott should not be permitted to selectively enforce a class action waiver found within their Starwood guest contracts, thus giving the plaintiffs a legal standing. Class certification is crucial in such cases, as it allows a group of plaintiffs to pool their resources and litigate jointly, often providing a more formidable opposition than individual claims.
However, it’s important to remember that the broader legal landscape has seen most data breach lawsuits being settled before reaching the class certification stage. Thus, the Marriott case could set some interesting legal precedents in the corporate and information security legal landscapes.