Case Number: No. 20-cv-00376

Practice Area: Technology, Privacy & Data Breach

Case Status: Pending

Berger Montague serves as Co-Lead Counsel in this data breach class action against MGM Resorts International regarding the theft of personal information of up to 200 million of its hotel guests.

A copy of the Consolidated Complaint is available.

About the data breach

The breach involves up to 200 million guests worldwide who stayed at an MGM property through approximately December 31, 2017. Information stolen in the breach includes guests’ names, addresses, phone numbers, email addresses, and dates of birth. For certain guests, the stolen information also includes driver’s license numbers, passport numbers, or military identification numbers.

According to MGM, “[o]n or about July 7, 2019, an individual accessed MGM Resorts International’s computer network system without permission. The individual downloaded partial customer data from MGM’s computer systems, then posted and disclosed part of the data on a closed internet forum.” The data has been offered for sale on the dark web.

Thieves can use the stolen data, alone or in combination with information gathered elsewhere about each individual, to commit identity theft crimes including:

  • Opening new financial accounts in consumers’ names;
  • Taking out loans in consumers’ names;
  • Using consumers’ information to obtain government benefits;
  • Filing fraudulent tax returns using consumers’ information;
  • Obtaining driver’s licenses in consumers’ names but with another person’s photograph; and
  • Giving false information to police during an arrest.

As a result of the breach, consumers have been exposed to a heightened risk of fraud and identity theft and must now closely monitor their financial accounts to guard against misuse. Consumers may also incur out-of-pocket costs for purchasing credit monitoring services, credit reports, credit freezes, or other protective measures to deter and detect identity theft.

MGM began sending breach notices to affected individuals in August 2019. However, MGM has sent notices to only a fraction of its affected guests.

Which MGM hotel brands were involved in the breach?

The breach is believed to have involved the following MGM hotel brands:

  • MGM Grand
  • Aria
  • Bellagio
  • Circus Circus
  • Delano
  • Excalibur
  • Luxor
  • Mandalay Bay
  • The Mirage
  • Monte Carlo (rebranded as Park MGM in 2018)
  • New York-New York
  • Park MGM
  • Signature at MGM Grand
  • Vdara
  • MGM Grand Detroit (Detroit, Michigan)
  • Beau Rivage (Biloxi, Mississippi)
  • Gold Strike Tunica (Tunica, Mississippi)
  • Borgata (Atlantic City, New Jersey)
  • MGM National Harbor (Prince George’s County, Maryland)
  • MGM Springfield (Springfield, Massachusetts)

What types of damages is Berger Montague seeking?

Remedies in data breach class actions generally include the following types of relief:

  • Reimbursement of fraud losses for consumers who experienced actual identity theft;
  • Reimbursement of indirect out-of-pocket costs incurred, such as credit monitoring fees, credit report fees, or credit freeze fees that consumers spent to protect themselves;
  • Compensation for time spent responding to the breach (for example, $20 per hour for up to five hours); and
  • Free credit monitoring and identity theft insurance for several years beyond the defendant’s initial offer when the breach was first announced.

Defendants also generally agree to make improvements to their data security systems as part of class action settlements.

We are seeking these types of remedies in the class action. However, there is no guarantee that these or any other remedies will be achieved in the litigation.

We have a successful history of litigating data breach class action lawsuits, among other types of matters. More information about our data breach experience is available on our Technology, Privacy & Data Breach practice area page.

If you have been the victim of a data breach or privacy breach, consumer fraud, or unfair or deceptive business practices, please contact Berger Montague.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.

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