The class action lawsuit will continue against ParkMobile LLC for a data breach that affected 21 million users of the parking app. Baker v. ParkMobile LLC, No. 1:21-cv-02182 (N.D. Ga.).The ParkMobile app allows users to pay for parking without having to use a traditional meter. The complaint alleges that ParkMobile was negligent in its safeguarding of consumer data, which led to the data breach of users’ license plate numbers, email addresses, telephone numbers, passwords, and other mobile app account information.
ParkMobile argued that the plaintiffs’ negligence claim fails because the company did not have a duty to protect consumer data under Georgia law, and no personal information was affected. However, the court disagreed, holding that ParkMobile did indeed have a legal duty to protect at least some of the information that was compromised, and, as such, it was too early in the proceedings to simply accept ParkMobile’s premise that sensitive information was not exposed. The data breach class action will proceed, and the court will review the merits of the allegations based on the specific facts and circumstances surrounding this data breach. We will keep you updated as this matter progresses.