Vargas v. Barclays Bank Delaware

Filing 49

ORDER granting 47 Letter Motion to Seal. Application GRANTED. The referenced letter may be filed with the proposed redactions. The unredacted version of the letter has been filed at Dkt. 42. (Signed by Judge Lorna G. Schofield on 1/27/2025) (mml)

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Via ECF Honorable Lorna G. Schofield United States District Court for the Southern District of New York Thurgood Marshall United States Courthouse 40 Foley Square New York, New York 10007 Re: Application GRANTED. The referenced letter may be filed with the proposed redactions. The unredacted version of the letter has been filed at Dkt. 42. Dated: January 27, 2025 New York, New York Vargas v. Barclays Bank Delaware Case No. 24-cv-06549-LGS (S.D.N.Y.) Dear Judge Schofield: My firm, along with our co-counsel, Laukaitis Law LLC, represent the plaintiff and the proposed class in the above-referenced action. We submit this letter to move pursuant to Your Honor’s Individual Civil Rule I.D.3 to seal certain sections of the letter and all the exhibits attached thereto that were previously submitted by Defendant on January 15, 2025 (ECF No. 42). Data breaches and identify theft are of a major concern today. This concern is compounded where the allegations in an action are that a company entrusted with personally identifiable information (“PII”) abused that trust and improperly disseminated PII to unauthorized third-parties. And that is exactly what is alleged in this action that Defendant did here. See Complaint (ECF No. 1) at p. 2, ¶ 1 (“This is a class action lawsuit against Barclays Bank for: (i) its unlawful disclosure of Plaintiff’s personally identifiable information (“PII”)). Multiplying this concern, is the fact that there are reports that Barclays was the target of a data breach in April of 2024 where it allegedly failed to safeguard its customers information. See e.g. Alleged Cyberattack by Hacker Duo Targets HSBC and Barclays; Banks Deny Breach, by Ashish Khaitan, May 10, 2024 available at Barclays And HSBC Bank Data Breach Claimed By Hacker Duo (“the breach at Barclays reportedly occurred in April 2024, involving a security incident through a third-party contractor, ultimately leading to the leak of sensitive data.”). Moreover, this is not the first time that Defendant has reportedly failed to safeguard its customers confidential, personal financial information. See e.g. Barclays Bank Leaks Thousands of Customer Records, ComputerWeekly.com; by Warwick Ashford, February 10, 2014 available at Barclays bank leaks thousands of customer records | Computer Weekly. The information we seek to have filed under seal is the type of information that hackers and other criminals seek to steal in data breaches in order commit identity theft. See e.g., In re Geico Customer Data Breach Litig., case no. 2023 WL 4778646 (E.D.N.Y. July 21, 2023)(data breach involving theft of customer’s driver’s license numbers); Dugas v. Starwood Hotels & Resorts Worldwide, Inc., 2016 WL 6523428 (S.D. Cal. 2016)(data breach involving theft of first and last names and credit cards numbers). Accordingly, we respectfully request that the information be filed under seal. Case 1:24-cv-06549-LGS Document 47 Filed 01/24/25 Page 2 of 2 Honorable Lorna G. Schofield Vargas v. Barclays Bank Motion to Seal ECF No. 42 Page 2 of 2 Respectfully submitted, Michael R. Reese Appendix Pursuant to Individual Civil Rule I.D.3 Defendant and all counsel representing Defendant in this matter who are subject to the Confidentiality Order (ECF No. 37) should have access to the letter previously filed under seal (ECF No. 42). Case 1:24-cv-06549-LGS Document 47-1 Filed 01/24/25 Page 1 of 3 THE FOLLOWING IS A PARTIALLY REDACTED VERSION OF ECF NO. 42 PREVIOUSLY FILED ON JANUARY 15, 2025 REDACTED Case 1:24-cv-06549-LGS Document 47-1 Filed 01/24/25 Page 2 of 3 REMAING SECTION OF PARAGRAPH REDACTED REDACTED Case 1:24-cv-06549-LGS Document 47-1 Filed 01/24/25 Page 3 of 3 Case 1:24-cv-06549-LGS Document 47-2 Filed 01/24/25 Page 1 of 4 THE FOLLOWING IS A PARTIAL REDACTION OF ECF No. 42-1 REDACTED Case 1:24-cv-06549-LGS Document 47-2 Filed 01/24/25 Page 2 of 4 Case 1:24-cv-06549-LGS Document 47-2 Filed 01/24/25 Page 3 of 4 Case 1:24-cv-06549-LGS Document 47-2 Filed 01/24/25 REDACTED Page 4 of 4

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