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DISTRICT OF OREGON
PORTLAND DIVISION
v. Negligence
COMPLAINT Page 1 of 11
Case 3:17-cv-01879-AC Document 1 Filed 11/22/17 Page 2 of 11
1.
THE PARTIES
November 21, 2017, Uber announced for the first time that a data
Uber users. Rather than promptly notify the public of its breach as
2.
credit harm. He could have prevented this harm had Uber notified him
COMPLAINT Page 2 of 11
Case 3:17-cv-01879-AC Document 1 Filed 11/22/17 Page 3 of 11
3.
for the Oregon class exceeds $240 million exclusive of penalties. Venue
4.
FACTUAL ALLEGATIONS
consumer harmed by its data breach will not be out-of-pocket for the
others.
5.
COMPLAINT Page 3 of 11
Case 3:17-cv-01879-AC Document 1 Filed 11/22/17 Page 4 of 11
6.
7.
On November 21, 2017, Uber announced for the first time that
its data system had been hacked in late 2016 by unauthorized third
parties, subjecting plaintiff to credit harm and identify theft and other
its data breach in the most expeditious manner possible, and only chose
to notify consumers of its breach over a year later, after the damage to
8.
commit fraud. Uber knew and should have known that failure to
a massive data breach. Uber could have and should have substantially
COMPLAINT Page 4 of 11
Case 3:17-cv-01879-AC Document 1 Filed 11/22/17 Page 5 of 11
but chose not to. Consumers should not have to bear the expense caused
from cyber-attackers.
9.
been mitigated had Uber notified them that their information was
negligence.
COMPLAINT Page 5 of 11
Case 3:17-cv-01879-AC Document 1 Filed 11/22/17 Page 6 of 11
10.
CLASS ALLEGATIONS
including risk of data loss and credit harm and identity theft as
manner possible.
11.
Excluded from the class are all attorneys for the class, officers
with an ownership interest in Uber, any judge who sits on the case, and
12.
COMPLAINT Page 6 of 11
Case 3:17-cv-01879-AC Document 1 Filed 11/22/17 Page 7 of 11
13.
14.
15.
relief, whether Uber acted negligently, and whether plaintiff and class
16.
COMPLAINT Page 7 of 11
Case 3:17-cv-01879-AC Document 1 Filed 11/22/17 Page 8 of 11
are identical (i.e. the costs to monitor and repair their credit through a
losses caused by identity theft and credit harm and unauthorized use),
and plaintiffs claim for relief is based upon the same legal theories as
are the claims of the other class members. Plaintiff will fairly and
adequately protect and represent the interests of the class because his
class action litigation and consumer protection cases who are qualified
and competent, and who will vigorously prosecute this litigation, and
the class.
17.
because plaintiff and his attorneys will vigorously pursue the claims.
COMPLAINT Page 8 of 11
Case 3:17-cv-01879-AC Document 1 Filed 11/22/17 Page 9 of 11
the aggregate, class members have claims for relief that are significant
COMPLAINT Page 9 of 11
Case 3:17-cv-01879-AC Document 1 Filed 11/22/17 Page 10 of 11
18.
NEGLIGENCE
and credit harm and identity theft and other economic losses, in
19.
case.
20.
COMPLAINT Page 10 of 11
Case 3:17-cv-01879-AC Document 1 Filed 11/22/17 Page 11 of 11
follows:
RESPECTFULLY FILED,
s/ Michael Fuller
Michael Fuller, OSB No. 09357
Lead Attorney for Plaintiff
Olsen Daines PC
US Bancorp Tower
111 SW 5th Ave., Suite 3150
Portland, Oregon 97204
michael@underdoglawyer.com
Direct 503-201-4570
COMPLAINT Page 11 of 11
Case 3:17-cv-01879-AC Document 1-1 Filed 11/22/17 Page 1 of 1
JS 44 (Rev. 09/11) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
(b) County of Residence of First Listed Plaintiff Multnomah County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Michael Fuller, US Bancorp Tower, 111 SW 5th Ave., Suite 3150
Portland, Oregon 97204, 503-201-4570
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff)
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
MEDHI SEIFIAN
)
)
Plaintiff
)
v. ) Civil Action No. 3:17-cv-1879
UBER TECHNOLOGIES, INC. )
)
Defendant
)
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Medhi Seifian
c/o attorney Michael Fuller
US Bancorp Tower
111 SW 5th Ave., Suite 3150
Portland, Oregon 97204
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk