Opinion · District Court, N.D. Georgia

In re Young Consulting Data Breach Litigation

In re Young Consulting Data Breach Litig., No. 1:24-cv-03938, UP11442368 (District Court, N.D. Georgia Sept. 15, 2026)

Type
Opinion
Court
District Court, N.D. Georgia
Jurisdiction
Georgia
Date
2026-09-15
Topic
litigation

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION IN RE YOUNG CONSULTING DATA CIVIL ACTION FILE NO. BREACH LITIGATION 1:24-CV-3938-TWT ALL CASES OPINION AND ORDER This is a class action data breach action. It is before the Court on Defendant California Physicians’ Service d/b/a Blue Shield of California’s (“Blue Shield”) Motion to Dismiss [Doc. 43] and Defendant Young Consulting, LLC’s d/b/a Connexure’s (“Young Consulting”) Motion to Dismiss [Doc. 45]. For the reasons set forth below, the Court GRANTS in part and DENIES in part Defendant Blue Shield’s Motion to Dismiss [Doc. 43] and GRANTS in part and DENIES in part Defendant Young Consulting’s Motion to Dismiss [Doc. 45]. I.

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          IN THE UNITED STATES DISTRICT COURT                         
         FOR THE NORTHERN DISTRICT OF GEORGIA                         
                    ATLANTA DIVISION                                  
IN RE YOUNG CONSULTING DATA     CIVIL ACTION FILE NO.                 
BREACH LITIGATION               1:24-CV-3938-TWT                      
                                ALL CASES                             

                   OPINION AND ORDER                                  
   This is a class action data breach action. It is before the Court on 
Defendant  California  Physicians’  Service  d/b/a  Blue  Shield  of  California’s 
(“Blue Shield”) Motion to Dismiss [Doc. 43] and Defendant Young Consulting, 
LLC’s d/b/a Connexure’s (“Young Consulting”) Motion to Dismiss [Doc. 45]. For 
the reasons set forth below, the Court GRANTS in part and DENIES in part 

Defendant Blue Shield’s Motion to Dismiss [Doc. 43] and GRANTS in part and 
DENIES in part Defendant Young Consulting’s Motion to Dismiss [Doc. 45]. 
                      I.  Background                                  
   This case arises from a data breach involving Defendants California 
Physicians’ Service’s d/b/a Blue Shield of California and Young Consulting, 
LLC  d/b/a  Connexure.  Blue  Shield  is  a  health  insurance  company  that 
“provides  coverage  to  approximately  4.5 million  individuals.”  (Consol.  Am. 

Class Action Compl. (“CAC”) ¶ 20 [Doc. 31].) Through its coverage, it collects 
the  personally  identifiable  information  (“PII”)  and  protected  health 
information (“PHI”) of its “members, patients, customers, business partners, 
and employees.” (  ¶¶ 21, 26.) Young Consulting is a company that provides 
“software solutions” to health insurance companies, including Blue Shield. (  
¶ 19.) In providing its services, Young Consulting accessed and maintained the 
PII and PHI collected by Blue Shield and other health insurance companies. 

(   ¶ 36, 21.)                                                          
   In April 2024, “an unauthorized actor” accessed Young Consulting’s 
network and stole the PII and PHI of at least 1,071,336 individuals, including 
information associated with Blue Shield. (  ¶¶ 46–47, 54, 60.) About four 
months  later,  Young  Consulting  and  Blue  Shield  notified  the  affected 
individuals and the public about the data breach. (  ¶¶ 44–45.) The “Notice 

Letter” states that the stolen data may have included names, Social Security 
numbers,  dates  of  birth,  and  “insurance  policy/claim  information.”  Young 
Consulting, LLC,                                       (“Notice         
Letter”)      (last     visited     July       3,      2026),           
https://youngconsulting.com/notice/youngconsulting-notice.html. 1  According 
to the Complaint, the data likely also includes sensitive medical information 
such as an individual’s diagnoses, treatments, physicians, and medications. 

(    CAC ¶ 54.) The prominent ransomware group BlackSuit later claimed  

   1 Courts ordinarily cannot consider documents outside the pleadings on 
a motion to dismiss. Fed. R. Civ. P. 12(d). However, the Eleventh Circuit has 
held that courts may do so if the document is “(1) central to the plaintiff's 
claims; and (2) undisputed, meaning that its authenticity is not challenged.” 
                   , 
107 F.4th 1292, 1300
 (11th Cir. 2024). Here, the 
Notice Letter is obviously central to the Plaintiffs’ claims, and none of the 
parties dispute its authenticity.                                       
                            2                                         
responsibility for the breach and published the stolen data on the “dark web” 
for download. (  ¶¶ 48–53, 68.) As of the date of the Complaint’s filing, the 
data remained available for download, along with a “directory listing each 

stolen file by name.” (  ¶ 53.)                                         
   The Plaintiffs allege that this cyberattack was a foreseeable result of 
Young Consulting’s failure to implement appropriate safeguards and Blue 
Shield’s failure to vet and monitor Young Consulting. (  ¶¶ 42–43, 65–67, 73.) 
The  alleged  injuries  are  numerous,  including  identity  theft  and  fraud, 
out-of-pocket expenses for fraud monitoring and prevention tools, and the 

“[c]ontinued and imminent risk of future fraud and identity theft.” (  ¶ 115.) 
The Plaintiffs further allege that Young Consulting’s “delayed and incomplete” 
Notice Letter hindered their ability to respond quickly and proactively to the 
breach. (  ¶ 122.)                                                      
   The Plaintiffs assert a total of fifteen claims. They assert eight claims 
against Defendant Young Consulting: negligence (Count I), negligence per se 
(Count II),  breach  of  fiduciary  duty  (Count VI),  breach  of  third-party 

beneficiary contract (Count X), declaratory and injunctive relief (Count XI), 
and three state law claims under California law (Counts XII–XIV). And they 
assert eleven claims against Blue Shield: negligence (Count III), negligence per 
se  (Count IV),  unjust  enrichment  (Count V),  breach  of  fiduciary  duty 
(Count VII), invasion of privacy in violation of the California Constitution 

                            3                                         
(Count VIII), breach of implied contract (Count IX), declaratory and injunctive 
relief (Count XI), and four claims under California law (Counts XII–XV). 
                    II.  Legal Standard                               

   A complaint should be dismissed under Rule 12(b)(1) only where the 
court lacks jurisdiction over the subject matter of the dispute. Fed. R. Civ. 
P. 12(b)(1). Attacks on subject matter jurisdiction come in two forms: “facial 
attacks” and “factual attacks.”                                         
  , 
104 F.3d 1256, 1260
 (11th Cir. 1997). Facial attacks on the complaint 
“require the court merely to look and see if the plaintiff has sufficiently alleged 

a basis of subject matter jurisdiction, and the allegations in his complaint are 
taken as true for the purposes of the motion.”   at 1261 (citation modified). 
On a facial attack, therefore, a plaintiff is afforded safeguards similar to those 
provided in opposing a Rule 12(b)(6) motion.        , 
645 F.2d 404, 412
 (5th Cir. May 1981).2 “Factual attacks, on the other hand, challenge 
the existence of subject matter jurisdiction in fact, irrespective of the pleadings, 
and  matters  outside  the  pleadings,  such  as  testimony  and  affidavits,  are 

considered.”   , 
104 F.3d at 1261
 (citation modified). On a factual attack, 
“no  presumptive  truthfulness  attaches  to  plaintiff’s  allegations,  and  the 
existence of disputed material facts will not preclude the trial court from 


   2 The Eleventh Circuit has adopted as binding precedent all decisions of 
the Fifth Circuit issued prior to the close of business on September 30, 1981. 
                   , 
661 F.2d 1206, 1207
 (11th Cir. 1981).            
                            4                                         
evaluating for itself the merits of jurisdictional claims.”  , 
175 F.3d 957
, 960–61 (11th Cir. 1999) (quotation marks and citation omitted). 
   A  complaint  should  be  dismissed  under  Rule 12(b)(6)  only  where  it 

appears that the facts alleged fail to state a “plausible” claim for relief.
    , 
556 U.S. 662, 678
 (2009); Fed. R. Civ. P. 12(b)(6). A complaint may 
survive a motion to dismiss for failure to state a claim, however, even if it is 
“improbable” that a plaintiff would be able to prove those facts and even if the 
possibility of recovery is extremely “remote and unlikely.”             
     , 
550 U.S. 544, 556
 (2007). In ruling on a motion to dismiss, the court 

must accept the facts pleaded in the complaint as true and construe them in 
the light most favorable to the plaintiff.                              
                           , 
711 F.2d 989
, 994–95 (11th Cir. 1983);   
                                            , 
40 F.3d 247, 251
        
(7th Cir. 1994) (noting that, at the pleading stage, the plaintiff “receives the 
benefit of imagination”). Generally, notice pleading is all that is required for a 
valid complaint.                             , 
753 F.2d 974, 975
        

(11th  Cir.  1985).  Under  notice  pleading,  the  plaintiff  need  only  give  the 
defendant fair notice of the plaintiff’s claim and the grounds upon which it 
rests.                 , 
551 U.S. 89, 93
 (2007) (citing  , 
550 U.S. at 555
).                                                                


                            5                                         
                      III.  Discussion                                
 A. Article III Standing                                              
   Standing is a “threshold jurisdictional question” that the Court must 

address before all other questions.                                     
               , 
494 F.3d 1356, 1359
 (11th Cir. 2007) (citations omitted). 
Article III extends the judicial power of federal courts only to “cases” and 
“controversies” between parties.            , 
578 U.S. 330, 337
         
(2016) (quoting U.S. Const. art. III, §§ 1–2). To ensure that federal courts 
adjudicate only “cases” and “controversies,” the Plaintiffs must establish (1) an 

injury in fact, (2) causation, and (3) redressability.      ,           
693 F.3d 1317, 1323
 (11th Cir. 2012) (quoting                           
                        , 
528 U.S. 167
, 180–81 (2000)). A suit may    
proceed as long as at least one named plaintiff possesses standing as to each 
claim advanced.                                      , 
999 F.3d 1247, 1261
 (11th Cir. 2021) (citing             , 
941 F.3d 1116
,        
1124–25  (11th  Cir.  2019)).  In  its  briefing,  Defendant  Young  Consulting 

challenges the injury-in-fact and causation elements. Defendant Blue Shield 
does not challenge the Plaintiffs’ standing.                            
   1.  Injury in Fact                                                 
   An injury in fact is “(a) concrete and particularized and (b) actual or 
imminent, not conjectural or hypothetical.”    , 
693 F.3d at 1323
       

                            6                                         
(quoting      , 528 U.S. at 180–81). For plaintiffs seeking injunctive relief, 
a “material risk of future harm” qualifies as a concrete injury. However, for 
those seeking monetary relief, the “mere risk of future harm, without more,” 

does not qualify as a concrete injury.                   , 
73 F.4th 883, 889
 (11th Cir. 2023) (citing             , 
594 U.S. 413, 2210
  (2021)).  Plaintiffs  seeking  monetary  relief  must  allege  either 
(1) “tangible harms, like physical or monetary harms” or (2) “intangible harms, 
like injuries with a close relationship to harms traditionally recognized as 
providing  a  basis  for  lawsuits  in  American  courts.”    at  889.  Here,  the 

Plaintiffs seek both injunctive and monetary relief.                    
   Young Consulting denies the existence of an injury in fact, arguing that 
there are no allegations of actual misuse of information or identity fraud nor 
is there a substantial risk that either will occur in the future. (Br. in Supp. of 
Def. Young Consulting’s Mot. to Dismiss, at 13 [Doc. 45-1].) The company notes 
that, as of December 2025, nineteen months had passed since the data breach 
without incident. ( )                                                   

   The  Plaintiffs  satisfy  the  injury-in-fact  requirement.  No  “actual” 
identity  theft  or  fraud  is  required  to  establish  a  concrete  injury.  As  the 
Eleventh Circuit stated, “a plaintiff whose personal information is subject to a 
data breach can establish a concrete injury for purposes of Article III standing 
if, as a result of the breach, he experiences ‘misuse’ of his data in some way.” 

                            7                                         
         , 
73 F.4th at 889
 (quoting                                   
  , 
986 F.3d 1332, 1343
 (11th Cir. 2021));     at 890 n.9 (recognizing 
data misuse as an intangible harm sufficient to confer Article III standing, and 

reading    as consistent with     ’s common law analog test despite     
being  issued  before      ).  The  misuse  of  a  plaintiff’s  personal 
information includes instances in which cybercriminals “expose[ ]” the data 
“for  theft  and  sale  on  the  dark  web.”    In  those  instances,  the  misuse 
“establishes both a present injury—. . . personal information floating around 
on the dark web—and a substantial risk of future injury—future misuse of 

personal information associated with the hacked [information].”   at 890. 
   Here, the Complaint alleges this exact kind of misuse. It alleges that the 
BlackSuit hackers “made the stolen data available for download on the dark 
web, exposing Plaintiffs’ and Class Members’ information to malicious actors 
worldwide.”  (CAC  ¶ 52.)  Indeed,  the  Complaint  alleges that  three  Named 
Plaintiffs received alerts that their sensitive data had been uploaded to the 
dark web. (  ¶ 133, 159, 168.) The Complaint further alleges that “the stolen 

data is still available for download” on the dark web, (  ¶ 53), and of a kind 
that is “particularly valuable to thieves” seeking to commit “medical fraud, 
identity theft, tax fraud, credit and bank fraud, and more,” (  ¶ 96). The 
sensitive  data  allegedly  includes  the  Plaintiffs’  “names,  Social  Security 
numbers, dates of birth, and insurance claims information.” (  ¶ 3.) Accepting 

                            8                                         
these allegations as true, the Court finds that this alleged misuse of data 
constitutes both an actual injury and a substantial risk of future injury.   
         , 
73 F.4th at 890
. That three of the Named Plaintiffs received 

dark  web  alerts  supports—rather  than  hurts—the  Plaintiffs’  theory  of 
standing, as it increases the risk that the data of other Plaintiffs will be on the 
dark web.                                               , 
749 F. Supp. 3d 1240
, 1258 (S.D. Fla. 2024) (citing                         
                        , 
603 F. Supp. 3d 1183
, 1202 (S.D. Fla. 2022)). 
For purposes of proving a concrete injury, the Complaint need not contain 

further details on exactly who uploaded the data to the dark web or when, as 
Young Consulting suggests.                                              
   Lastly,  to  the  extent  Young  Consulting  challenges  the  Plaintiffs’ 
statutory standing on the same grounds addressed above, (Br. in Supp. of Def. 
Young Consulting’s Mot. to Dismiss, at 13–14), the Court finds the Plaintiffs 
possess  statutory  standing.  The  Court  addresses  the  standing  arguments 
specific to the California Unfair Competition Law below.                

   2.  Causation                                                      
   To satisfy the causation element, the Plaintiffs must show that their 
alleged  injuries  are  “fairly  traceable”  to  Defendant  Young  Consulting’s 
conduct.        , 
693 F.3d at 1323
 (quoting  , 528 U.S. at 180–81).     
According to Young Consulting, the alleged injuries are not fairly traceable 

                            9                                         
because the Plaintiffs provide “no explanation” as to how they determined 
Young Consulting’s actions caused their injuries and cannot establish who may 
have uploaded the Plaintiffs’ PII to the dark web or when. (  Br. in Supp. of 

Def. Young Consulting’s Mot. to Dismiss, at 11–12.)                     
   The  Court  finds  the  Plaintiffs’  alleged  injuries  fairly  traceable  to 
Defendant  Young  Consulting’s  conduct.  The  Plaintiffs  allege  that  Young 
Consulting failed to “implement reasonable and appropriate administrative, 
technical, and physical safeguards to protect the sensitive data it received and 
maintained.” (CAC ¶ 42.) The Complaint lists a variety of security precautions 

recommended  by  relevant  government  agencies  that  could  hinder  a 
cyberattack like that launched by BlackSuit, then alleges on information and 
belief  that  Young  Consulting  “failed  to  implement  some  or  all  of  these 
well-established security controls.” (  ¶¶ 71–73.) While the Plaintiffs do not 
specify which security precautions Young Consulting failed to take or how the 
hackers were able to infiltrate Young Consulting’s systems, allegations of such 
are not required at this time. Indeed, it is likely the answers to these questions 

can only be found through discovery. Lastly, the Court finds unpersuasive 
Young Consulting’s suggestion that another data breach or incident may be 
the reason why the Plaintiffs’ PII is on the dark web. For standing purposes, it 
is sufficient that the Complaint points to a web post by BlackSuit claiming 
responsibility for the cyberattack and claiming to have uploaded the sensitive 

                           10                                         
data to the dark web. (  ¶¶ 48–50.) And this is to say nothing of the fact that 
at least one Plaintiff—Plaintiff Emily Desley-Bloom—received an alert that 
her name and Social Security number were uploaded to the dark web due to 

this specific data breach. (  ¶ 133.)                                   
 B. Choice of Law                                                     
   Before proceeding to the merits of the common law claims, the Court 
addresses choice of law. Georgia’s choice-of-law rules determine the applicable 
state law.                             , 
763 F.3d 1265, 1270
 (11th      
Cir. 2014) (citations omitted). In Georgia, courts traditionally apply the law of 

the state where the tort was committed for tort claims ( ) and the      
law of the state where a contract was made for contract and quasi-contract 
claims (             ).         , 
532 B.R. 859, 865
 (N.D. Ga. 2015)     
(citations omitted). However, one odd exception to these rules is that “Georgia 
courts do not apply other states’ common law” and instead “apply only the 
statutory law of other states.”                                         
       , 823 Fed. App’x 815, 822 (11th Cir. 2020) (citing             

              , 
713 F.2d 1500, 1503
 (11th Cir. 1983)). In other words, 
even if            or               would traditionally require the     
application of another state’s laws, Georgia courts do not apply the substantive 
law of that state unless codified in statute.  The Georgia Supreme Court 
re-affirmed  this  common  law  exception  most  recently  in           

                           11                                         
        , 
300 Ga. 722
, 728–35 (2017) (“[A] Georgia court will defer to 
another  state’s  statutes,  as  well  as  its  judicial  decisions  authoritatively 
interpreting those statutes, in determining the law of that state. . . . In the 

absence of a statute, however, . . . a Georgia court will apply the common law 
as expounded by the courts of Georgia.”).                               
   Now, the Court will review the parties’ positions on choice of law. The 
Defendants apply Georgia law to all common law claims for the purposes of the 
present motions. (Br. in Supp. of Def. Blue Shield’s Mot. to Dismiss, at 5 n.3 
[Doc. 43-1] (noting that it does so “without conceding that Georgia law applies 

to  Plaintiffs  or  the  entire  putative  class);  Br.  in  Supp.  of  Def.  Young 
Consulting’s  Mot.  to  Dismiss,  at  17–25  (applying  Georgia  law  without 
expressly addressing choice of law).) By contrast, the Plaintiffs appear to apply 
Georgia law to all tort claims but take a different approach for the contract and 
quasi contract claims. For unjust enrichment, the Plaintiffs point out that 
California law may govern the claim and conflict with Georgia law on the 
subject. (Pls.’ Joint Resp. Br. to Defs.’ Mots. to Dismiss, at 28 [Doc. 51].) For 

the third-party breach of contract claim (Count X), they argue it would be 
premature  to  determine  which  state’s  laws  apply  because  the  contracts, 
including their choice-of-law provisions, have not yet been entered into the 
record. (  at 29–30.) For the breach of implied contract claim (Count IX), the 
Plaintiffs do not expressly address choice of law or raise any conflict-of-law 

                           12                                         
issues between the laws of Georgia, California, or other states. (    at 32–
33.)                                                                    
   The Court will apply Georgia law to all common law claims at this time 

pursuant to the foreign law exception.3     , 
713 F.2d at 1503
;         
                            , 
2022 WL 409484
, at *4 (N.D. Ga. Feb.    
10,  2022)  (quoting  ,  300  Ga.  at  729–33);                         
                     , 861 Fed. App’x 270, 277–78 (citations omitted)). 
No party has directed the Court to any relevant state statute regarding the 
common law claims, and the Court will not seek out statutory bases for each of 

the common law claims, though some may exist.                           
                , 
362 F. Supp. 3d 1295, 1312
 (N.D. Ga. 2019) (applying 
Georgia law to all common law claims because the plaintiffs “identif[ied] no 
foreign  statutes  that  govern  their  common  law  claims”);          
           , 
215 F.R.D. 660, 679
 (N.D. Ga. 2003) (applying Georgia law 
where “the parties have not directed the Court’s attention to statutes of foreign 
states”).                                                               


   3 Because of the historical nature of Georgia’s unique exception, there 
is some confusion over whether it “applies to common law claims that arise in 
 states, or only those where ‘the other state was one of, or formed from the 
territory of one of, the original 13 colonies that inherited the common law of 
England.”                         , 
764 F. Supp. 3d 1233
, 1257–58       
(N.D. Ga. 2024) (citing  , 
300 Ga. at 731
 n.5). Following in  ’s footsteps, 
the Court applies the exception to all states in the present litigation.   at 
1258  (applying  the  exception  to  all  state  subclasses  because  the  Georgia 
Supreme Court had applied the exception to Florida on at least one occasion). 
                           13                                         
 C. Negligence (Counts I, III)                                        
   To survive a motion to dismiss their negligence claim, the Plaintiffs 
must allege a legal duty, a breach of that duty, causation, and damages. 

                     , 
289 Ga. 565, 566
 (2011) (citing                
     , 
278 Ga. 747, 751
 (2004)). The Defendants dispute three of these 
elements,  with  both  Defendants  challenging  causation,  Blue  Shield 
challenging  duty,  and  Young  Consulting  challenging  damages.  The  Court 
denies the Defendants’ Motion to Dismiss as to the negligence claims (Counts I, 
III) for the reasons set forth below.                                   

   1.  Young Consulting (Count I)                                     
   Young Consulting takes the following positions. As to causation, Young 
Consulting  argues  that  the  Plaintiffs’  “conclusory  and  unsupported” 
allegations about its actions establish no more than the “mere possibility” that 
Young  Consulting  caused  the  data  breach.  (Br.  in  Supp.  of  Def.  Young 
Consulting’s Mot. to Dismiss, at 18–19.) As to damages, Young Consulting 
argues that no Plaintiff suffered “actual identity theft” nor verified whether 

his or her data was posted on the dark web. (  at 19.) According to Young 


The Georgia Supreme Court and Eleventh Circuit have declined to expressly 
address this question.  , 
300 Ga. at 731
 n.5 (declining to address the  
question after finding it sufficient that “Alabama was formed predominantly 
from  the  territory  of  Georgia”);  ,  823  Fed.  App’x  at  823  n.3 
(declining to address the question as the argument was raised for the first time 
in reply).                                                              
                           14                                         
Consulting, only Plaintiffs Desley-Bloom, Murillo, and Wasserman allege that 
their data   be on the dark web, but none allege where it was posted, when, 
or by whom. ( )                                                         

   The Court holds that the Complaint plausibly pleads causation and  
damages as to Young Consulting. The Plaintiffs allege that Young Consulting 
“fail[ed] to use reasonable measures to protect Private Information and fail[ed] 
to comply with applicable industry standards” designed to thwart “foreseeable 
security threats such as ransomware attacks.” (CAC ¶ 217;     ¶ 224     
(alleging  eight  ways  Young  Consulting  breached  its  duties  to  secure  the 

Plaintiffs’ sensitive data).) These allegations are sufficient at the pleading 
stage  to  establish  causation.  Courts  recognize  that  plaintiffs  often  cannot 
explain  a  company’s  particular  securities  practices  without  the  benefit  of 
discovery, given that the information is often within the company’s exclusive 
control.                            , 
69 F.4th 1213
, 1220–21 (11th      
Cir. 2023);                     , 
2025 WL 1643485
, at *3 (N.D. Ga.      
June 9, 2025);                             , 
864 F. Supp. 2d 1302, 1311
 (S.D. Fla. 2011) (quoting                , 
604 F.3d 110, 120
       
(2d Cir. 2010)) (“Pleading on information [and] belief is still permissible where 
. . .  the  facts  are  ‘peculiarly  within  the  possession  and  control  of  the 
defendant.’”).                                                          


                           15                                         
   As  to  damages,  the  Plaintiffs’  allegations  satisfy  the  plausibility 
standard. As a result of the data breach, the Plaintiffs allege that they have 
suffered or will imminently suffer damages such as “out-of-pocket expenses 

associated with the prevention, detection, and recovery from identity theft, 
fraud, and/or unauthorized use of their Private Information”; “time, effort, and 
expense associated with placing fraud alerts or freezes on credit reports”; 
“anxiety,  emotional  distress,  [and]  loss  of  privacy”;  “the  present  value  of 
ongoing credit monitoring and identity defense services”; and “the loss of the 
benefit of the bargain for the failure of Defendant Young Consulting to securely 

store and maintain their Private Information.” (CAC ¶ 228.) The Complaint 
alleges that the ransomware group that targeted Young Consulting uploaded 
the Plaintiffs’ PII and PHI to the dark web and thus exposed the Plaintiffs to 
these  harms.  (   ¶ 52.)  Contrary  to  Young  Consulting’s  position,  the 
Complaint need not plead more, such as alleging that each individual Plaintiff 
verified that his or data was uploaded, the specific domain to which it was 
uploaded, or the specific date of publishing. As discussed above, the fact that 

three of the Plaintiffs received dark web alerts makes it more plausible (not 
less likely) that other Plaintiffs’ data was uploaded to the  dark web and 
exposed the Plaintiffs to these harms.                                  



                           16                                         
   2.  Blue Shield (Count III)                                        
   Blue Shield argues it owed the Plaintiffs no duty to safeguard their data 
because it had no special relationship to the Plaintiffs requiring such and could 

not otherwise foresee the risk of a cyberattack on Young Consulting. (Br. in 
Supp. of Def. Blue Shield’s Mot. to Dismiss, at 9–11.) It additionally argues 
that the Complaint lacks “concrete allegations” on how the company caused 
the Plaintiffs’ injuries, (  at 7), and points out that Blue Shield cannot be the 
proximate cause of those injuries because it neither launched nor suffered the 
cyberattack, (  at 8).                                                  

        a. Duty                                                       
   The Court begins with the law on duty. In Georgia, one does not owe “a 
general legal duty to all the world not to subject others to an unreasonable risk 
of  harm.”                     ,  
313 Ga. 533, 544
  (2022)  (citations 
omitted). This is because one has “no duty to rescue another from a situation 
of peril which the former has not caused.”              , 
302 Ga. App. 260, 263
 (2010) (quoting                , 
270 Ga. 770, 773
 (1999)). In other words, one has no “duty to control the conduct of a 
potential  tortfeasor[ ]  so  as  to  prevent  that  person  from  harming  a  third 
person.”                 , 
263 Ga. 26
, 28 n.3 (1993) (quoting           
                  , 
185 Ga. App. 798, 801
 (1988)),                    
                    , 
317 Ga. 703
 (2023). But a duty of care may arise 

                           17                                         
where “(a) a special relation exists between the actor and the third person 
which imposes a duty upon the actor to control the tortfeasor’s conduct, or (b) a 
special relation exists between the actor and the tortfeasor which gives to the 

third person a right to protection.”   (quoting  , 
185 Ga. App. at 801
); 
                  , 
356 Ga. App. 706
, 710 (2020) (quoting             
     , 
263 Ga. App. 139, 142
 (2003)). Georgia courts have recognized special 
relationships  between  landlords  and  tenants,  employers  and  employees, 
common carriers and passengers, doctors and patients, and more.    ,    
69 F.4th at 1219
.  The  duty,  however,  is  “generally  limited  to  reasonably 

foreseeable risks of harm.”  , 
313 Ga. at 537
 n.3;                      
       ,  
300 Ga. 327, 330
  (2016)  (explaining  that  “public  policy” 
considerations may further curb the “bounds of duty,” even if the risk of harm 
is foreseeable).                                                        
   Courts in this circuit have applied these principles in the data breach 
context. In     , the Eleventh Circuit held that the defendant had a duty 
to protect its employees’ PII from a cyberattack due to the special relationship 

between employers and their employees and the reasonably foreseeable risk of 
a cyberattack under the circumstances.  , 69 F.4th at 1220–21. Relying  
on       , both the Georgia Court of Appeals and this Court have similarly 
held that a defendant healthcare company owed a duty to its employees to 
protect their PII from the reasonably foreseeable risk of a cyberattack. 

                           18                                         
                          , 
377 Ga. App. 177
, 181 (2025);  ,          
2025 WL 1643485
, at *3–4 (finding that                    ll,           
305 Ga. 812
 (2019), was not so broad as to “altogether reject the existence of a 

duty to safeguard personal information”). Another court in this district found 
that the reasonably foreseeable risk of a cyberattack was sufficient to impose 
a  duty  on  the  defendant  to  protect  the  plaintiffs’  PII.        
           , 
563 F. Supp. 3d 1360
, 1366–71 (N.D. Ga. 2021). The court 
there did not mention the phrase “special relationship,”   at 1371 n.4, but it 
noted  “common  sense”  dictates  that,  “when  patients  and  employees  are 

required  to  turn  over  PII  and  PHI  as  a  condition  of  medical  care  and 
employment,  the  entity  receiving  that  information  has  some  baseline 
obligation  to  adopt  reasonable  precautions  to  guard  against  known  or 
reasonably foreseeable threats to the security of that information,”   at 1370. 
   Here, the Court concludes that Blue Shield owed a duty to the Plaintiffs 
to  protect  their  PII  and  PHI  from  the  reasonably  foreseeably  risk  of  a 
cyberattack. First, a special relationship between health insurance providers 

and their members exists and supports the existence of a duty to safeguard 
members’  data.  Several  factors  are  relevant.  The  Plaintiffs  are  or  were 
customers (or “members”) of Blue Shield, (CAC ¶¶ 6–12), who were required to 
provide their PII and PHI as a condition of receiving healthcare services, (  
¶¶ 21–22).  They  are  also  wholly  dependent  on  Blue  Shield’s  decisions 

                           19                                         
regarding where and how to protect the data, including the company’s choice 
of vendor for maintaining the data. (  ¶¶ 252.) This dependent relationship 
means that Blue Shield controls the risk of a cyberattack, as it controls the 

“virtual premises” subject to a third-party’s attack.                   
   , 
2019 WL 13041330
, at *5 (M.D. Fla. Oct. 1, 2019) (applying analogous 
Florida law). Moreover, the type of information shared is highly sensitive 
rather than ordinary, including not only PII that a government agency or 
employer might collect but also PHI that a doctor might collect.        
   Second,  the  alleged  cyberattack  was  a  reasonably  foreseeable  risk. 

According to the Complaint, “[t]he healthcare industry has become a primary 
target for cybercriminals due to a combination of high-value data and outdated 
infrastructure,”  (CAC  ¶ 65),  prompting  federal  agencies  to  issue  repeated 
warnings  to  healthcare  entities  about  the  threat,  (     ¶ 63,  70).  The 
Complaint pleads a slew of additional statistics regarding the high number of 
data breaches in the healthcare industry, further putting healthcare entities 
like Blue Shield and Young Consulting on notice. (  ¶¶ 66–67.) This Court 

follows others that have found these kinds of (or lesser) allegations sufficient 
to plausibly plead a reasonably foreseeable risk of harm.  ,  , 563     
F. Supp. 3d at 1369;  , 377 Ga. App. at 181–82;  , 69 F.4th at 1220–    
21 (inferring that “a company of [the defendant’s] size and sophistication—
especially one maintaining such an extensive database of prior employees’ 

                           20                                         
PII—could have foreseen being the target of a cyberattack,” even without 
allegations as to how “well-known” or “common” the cyberattacks were in the 
defendant’s industry). Together, the special relationship and foreseeable risk 

of harm give rise to a legal duty.                                      
        b. Causation                                                  
   Having found the existence of a duty, the Court next considers the 
Defendants’  proximate  cause  arguments.  The  Court  finds  in  favor  of  the 
Plaintiffs as to proximate cause. Georgia law provides that a defendant is liable 
for “[a]l of the natural and probable consequences” of its negligent conduct, 

“unless there is a sufficient and independent intervening cause.”       
   , 
932 S.E.2d 74
, 104 (2026). But the intervening cause rule “does not 
insulate  the  defendant  ‘if  the  defendant  had  reasonable  grounds  for 
apprehending that such wrongful act would be committed.’”               
               , 
300 Ga. 840, 841
 (2017) (quoting                     
         , 
275 Ga. 683, 686
 (2002)). As discussed above, the Plaintiffs 
plausibly allege that Blue Shield should have anticipated a cyberattack on it 

and/or its vendors, as discussed above. (  CAC ¶¶ 63–70.) For this reason, 
Blue Shield cannot escape liability by merely pointing to the “intervening” 
actions of other actors or by claiming that the Plaintiffs’ allegations lack 
sufficient specificity.                                                 


                           21                                         
 D. Negligence per Se (Counts II, IV)                                 
   In Georgia, negligence per se arises when a statute establishes a legal 
duty and a defendant breaches that legal duty.   , 
349 Ga. App. 381
, 385 (2019) (citing                                 , 
251 Ga. App. 699, 702
  (2001));  O.C.G.A.  § 51-1-6.  A  plaintiff  satisfies  these 
elements if he or she can show “a statute is violated, the person injured by the 
violation is within the class of persons the statute was intended to protect, and 
the harm complained of was the harm the statute was intended to guard   
against.”                               , 
300 Ga. 840, 845
 (2017)       

(quoting             , 
282 Ga. 197, 200
 (2007)). A plaintiff may maintain 
a negligence per se action for violations of both statutes and regulations. 
       , 
251 Ga. App. at 702
.                                         
   The Plaintiffs assert a negligence per se claim against Young Consulting 
(Count II)  and  Blue  Shield  (Count IV)  based  on  violations  of  the  Health 
Insurance Portability and Accountability Act (“HIPAA”) and the Federal Trade 
Commission  Act  (“FTCA”).  Specifically,  they  claim  that  the  Defendants 

violated  (1) HIPAA  regulations,  pursuant  to  42  U.S.C.  § 1320d  , 
regarding the protection of PHI, (CAC ¶ 240, 290), and (2) Section 5 of the 
FTCA,  
15 U.S.C. § 45
,  regarding  the  protection  of  confidential  consumer 
information, (  ¶¶ 232, 282).                                           


                           22                                         
   The Defendants argue that neither HIPAA nor the FTCA can support   
the negligence per se claim. As to HIPAA, the Defendants argue that the 
statute does not create a private right of action to enforce its regulations and 

thus cannot support a negligence per se claim. (Br. in Supp. of Def. Blue 
Shield’s Mot. to Dismiss, at 11; Br. in Supp. of Def. Young Consulting’s Mot. to 
Dismiss, at 20.) As to the FTCA, the Defendants take different approaches. 
Blue Shield asserts that no private right of action exists here either and further 
claims that the Plaintiffs are “not within the class of persons the FTCA was 
designed to protect” because they are “employees whose employers obtained 

certain  insurance  coverage  from  Blue  Shield”  and  not  Blue  Shield’s 
“consumers.” (Br. in Supp. of Def. Blue Shield’s Mot. to Dismiss, at 12.) Young 
Consulting concedes that courts in this district have allowed negligence per se 
actions to proceed under Section 5 of the FTCA but argues that the Plaintiffs’ 
allegations nonetheless fail to allege sufficient facts to establish a statutory 
violation.4 (Br. in Supp. of Def. Young Consulting’s Mot. to Dismiss, at 20.) 
The Court rejects each of these arguments for the reasons set forth below and 

denies the Defendants’ Motions to Dismiss the negligence per se claim.  



   4 Young  Consulting  also  seeks  dismissal  of  this  claim  because  the 
Plaintiffs “fail[ed] to allege a concrete injury.” (Br. in Supp. of Def. Young 
Consulting’s Mot. to Dismiss, at 21.) But the Court rejects this argument for 
the same reasons discussed previously.                                  
                           23                                         
  1.  Intended Protections                                            
   The Court first dispenses with the Defendants’ arguments that the  
Plaintiffs are not “consumers” under the FTCA and thus not within the class 

of persons the FTCA intends to protect. In relevant part, the FTCA protects 
“consumers” from “unfair . . . practices in or affecting commerce.” 
15 U.S.C. § 45
(a)(1);                           ,  
405 U.S. 233, 244
  (1972)   
(“Congress, through [section] 5, charged the FTC with protecting consumers as 
well as competitors.”). The FTCA does not define “consumer,” but the Court is 
satisfied that the Plaintiffs qualify as such because they paid for Blue Shield’s 

health  insurance  services  and  became  Blue  Shield’s  health  insurance 
members. (CAC ¶¶ 124, 132, 140, 148, 156, 165, 174.)                    
   The Court is not persuaded that the Plaintiffs are stripped of their 
consumer status because they paid their insurance premiums through an   
employer-sponsored plan rather than directly to Blue Shield. Blue Shield’s case 
law is inapposite; courts dismissed the negligence per se claims in those cases 
because the plaintiffs were employees who did not purchase any goods or 

services—whether directly or indirectly—from the defendants.            
                  , 
2025 WL 552676
, at *5 (N.D. Ga. Feb. 19, 2025);   
    , 
2025 WL 1643485
, at *5.                                         



                           24                                         
   2.  Private Right of Action                                        
   The Court rejects the Defendants’ private right of action arguments. A 
statute can support a negligence per se claim, even if the statute lacks a private 

right of action.                        , 
293 Ga. 162
, 164 (2013).      
The relevant question is whether the statute supporting the negligence per se 
claim can supply “a legal duty with some ascertainable standard of conduct,” 
not necessarily whether the statute has a private right of action.   at 163–64. 
Georgia courts have stated as much multiple times. For example, the Georgia 
Court of Appeals has unequivocally stated:                              

   O.C.G.A. § 51-1-6 authorizes a plaintiff to recover damages for the 
   breach of a legal duty even when that duty arises from a statute   
   that does not provide a private cause of action. O.C.G.A. § 51-1-6 
   does not create a legal duty but defines a tort and authorizes     
   damages when a legal duty is breached.                             

                 , 
322 Ga. App. 699, 705
 (2013) (quoting              
               , 
314 Ga. App. 257, 259
 (2012),                        
                                  ,  
293 Ga. 162
  (2013)). ’s        
reasoning can be traced back to               , 
206 Ga. App. 876
        
(1992). The     court found that a criminal statute, which naturally lacked 
a private cause of action, supplied the standard of care and imposed a duty on 
a police officer sufficient to state a negligence per se claim.   at 879–81. Other 
courts  in  Georgia  have  upheld  negligence  per  se  claims  under  similar 
                           25                                         
reasoning.5 Prior to its   decision, the Georgia Supreme Court had also 
previously suggested that a plaintiff could pursue tort liability under Georgia’s 
negligence per se statute, O.C.G.A. § 51-1-6, despite the lack of a private right 

of action.                             , 
287 Ga. 448, 460
 (2010)        
(relying in part on O.C.G.A. § 9-2-8(b), which states that the requirement that 
private rights of action be made explicit will not “prevent the breach of any 
duty imposed by law from being used as the basis for a cause of action under 
any theory of recovery otherwise recognized by law, including . . . theories of 
recovery . . . for breach of legal or private duties as set forth in [O.C.G.A. 

§ 51-1-6]”).                                                            
   The Court is aware that a number of Georgia courts have enforced a 
categorical rule that a negligence per se claim cannot proceed if the violation 
is premised on a statute without a private right of action.  ,          
                              , 
334 Ga. App. 826
, 833–34 (2015)       
(affirming the dismissal of a negligence per se claim because “’[n]one of the 
statutes . . . provides a private cause of action for damages arising from any 


   5       ,                      , 
199 Ga. App. 138, 141
 (1991)      
(quoting                                  , 
195 Ga. App. 449, 450
       
(1990)) (regarding Occupational Safety and Hazard Act regulations);     
                      ,  
328 Ga. App. 775, 789
  (2014)  (allowing  a 
negligence per se claim based on violations of FTC regulations to proceed), 
                        , 
333 Ga. App. 897
 (2015);                    
            , 
2018 WL 3018901
, at *3 (N.D. Ga. June 18, 2018) (rejecting 
the defendant’s argument that the negligence per se claim must be dismissed 
because the underlying statute lacks a private right of action).        
                           26                                         
violation of the respective statute”);                                  
  , 
580 F. Supp. 3d 1314
, 1346 (N.D. Ga. 2021) (dismissing a negligence per 
se  claim  “[b]ecause  there  is  no  private  cause  of  action  under  O.C.G.A. 

§ 19-7-5”).6 The bulk of these cases rely on                ,           
272 Ga. 279
 (2000), and               , 
271 Ga. App. 36
 (2004).         
   But,  in  the  Court’s opinion,    and    do  not  stand for  the  
categorical rule that a negligence per se claim fails when it is premised on a 
statute without a private right of action. In  , the Georgia Supreme Court 
held that a negligence per se claim was not cognizable based on the violation 

of a certain age discrimination statute.  , 272 Ga. at 279–80. It reasoned 
that a plaintiff could not use Georgia’s negligence per se provision, O.C.G.A. 
§ 51-1-6, to circumvent both Georgia’s statutory bar on tort actions against 


   6       ,                     , 
2014 WL 12489755
, at *3 (N.D.      
Ga. Dec. 31, 2014) (“[V]iolations of civil statutes do not give rise to negligence 
    claims when the statutes do not provide a private cause of action.” (citing 
                   , 
271 Ga. App. 36
, 41–42 & 42 n.17));              
                     , 
2017 WL 11151639
, at *6–7 (N.D. Ga. July 14,   
2017);                               , 
2016 WL 11544774
 (N.D. Ga.       
June 10, 2016),                        , 
2016 WL 11544908
, at *28       
(N.D. Ga. Aug. 30, 2016);                   , 
2011 WL 10944693
,         
at *6 (N.D. Ga. Oct. 6, 2011) (rejecting a negligence claim where the statute in 
question did not provide a private cause of action and thus no “civil remedy”); 
                , 
2015 WL 13271597
, at *9 (N.D. Ga. Apr. 30, 2015),   
     , 
2015 WL 13357899
, at *1 (N.D. Ga. May 29, 2015);               
           , 
2023 WL 5658976
, at *7 (S.D. Ga. Aug. 31, 2023) (dismissing 
a negligence per se claim based on HIPAA because the statute does not provide 
a private right of action and thus cannot “provide for a civil remedy” (citation 
omitted)).                                                              
                           27                                         
employers for wrongful termination and the age discrimination statute’s lack 
of a private right of action.   at 280. In  , the Georgia Court of Appeals 
relied on    to uphold the dismissal of a negligence per se claim where the 

claim was premised on a statute without a private right of action.  does 
not provide much other citation7 or analysis in justifying this holding, nor does 
it reckon with the significance that   placed on Georgia’s specific and 
long-standing prohibition on torts for wrongful termination. With this context, 
the Court is not persuaded that either   or   go so far as to require   
dismissal of a negligence per se claim if the supporting statute lacks a private 

right of action, as the Defendants presume.    , 563 F. Supp. 3d at 1374 
(interpreting    narrowly).                                             
   3.  FTCA Duty & Violation8                                         
   As to Young Consulting’s arguments that the Complaint fails to include 


   7 The      court cited other cases, but none establish a categorical rule 
as to negligence per se claims and private causes of action.            
                 , 
243 Ga. App. 894, 895
 (2000) (affirming the dismissal 
of a negligence per se claim in the employment-at-will context where the 
statute did not specify a civil remedy);   , 
237 Ga. App. 10
, 12–       
13 (1999) (noting that a criminal statute does not automatically give rise to “a 
private cause of action in tort in favor of the victim,” and finding as much for 
the criminal statute in question);     , 
198 Ga. App. 49, 50
 (1990)     
(same),                                    , 
295 Ga. 235
, 239 n.2       
(2014).                                                                 
   8 Beyond Blue Shield’s assertion that HIPAA lacks a private right of 
action, the Defendants do not appear to expressly challenge whether HIPAA 
imposes  a  standard  of  conduct  nor  whether  the  Defendants  violated  any 
corresponding duty. Out of an abundance of caution, the Court clarifies that 
HIPAA   imposes  duties  to  “maintains  reasonable  and  appropriate   
                           28                                         
sufficient facts alleging an FTCA violation, the Court disagrees. A number of 
courts in this district have concluded that Section 5 of the FTCA “imposes a 
legal duty to safeguard personally identifiable information in a business’s 

custody.”                                        , 
371 F. Supp. 3d 1150, 1176
  (N.D.  Ga.  2019);    ,  563  F.  Supp.  3d  at  1374  
(“Section 5 of the FTC Act . . . creates enforceable duties . . . relat[ing] to data 
breach  cases  based  on  the  text  of  the  statute  and  a  body  of  precedent 
interpreting  the  statute  and  applying  it  . . . .  [A]  defendant’s  inadequate 
cybersecurity measures fall within the plain meaning of Section 5’s prohibition 

on ‘unfair’ practices.” (citation omitted));                ,           
2023 WL 5167366
,  at  *9  (N.D.  Ga.  July  19,  2023)  (“Georgia  courts  have 
recognized that violations of the FTC Act and rules enforcing the Act can 
support a negligence per se claim under [Georgia] state law.” (citing  , 
328 Ga. App. at 790
));               , 
2024 WL 519722
, at *9 (N.D.      
Ga.  Feb.  9,  2024).  The  Court  has  already  explained  that  the  Complaint 
plausibly  pleads  that  the  Defendants  failed  to  employ  reasonable  and 

appropriate data security measures. Therefore, the Plaintiffs adequately plead 
an FTCA violation as a predicate to their negligence per se claim.      

administrative, technical, and physical safeguards” for “health information,” 
42 U.S.C. § 1320d-2(d)(2), and to timely notify affected individuals about the 
breach  of  this  information,  
45 C.F.R. §§ 164
.400–164.414.  The  Plaintiffs 
plausibly plead a violation of these duties as to both Young Consulting and 
Blue Shield. (CAC ¶¶ 240, 271.)                                         
                           29                                         
 E. Unjust Enrichment (Count V)                                       
   In the alternative to their breach of implied contract claim (Count IX), 
the Plaintiffs assert an unjust enrichment claim (Count V) against Blue Shield. 

“Unjust enrichment applies when as a matter of fact there is no legal contract, 
but when the party sought to be charged has been conferred a benefit by the 
party contending an unjust enrichment which the benefitted party equitably 
ought to return or compensate for.”                     , 
285 Ga. 632, 635
 (2009) (quoting        , 
265 Ga. 804, 806
 (1995)). Such    
a claim is “premised upon the principle that a party cannot induce, accept, or 

encourage another to furnish or render something of value to such party and 
avoid payment for the value received.”       , 
338 Ga. App. 382
,        
386–87 (2016) (quoting        , 
311 Ga. App. 822
, 827–28 (2011)). The   
“benefit” or “something of value” can refer to “any form of advantage.”  , 
311 Ga. App. at 828
 (citation omitted). But, importantly, “the party conferring 
the . . . things of value must act with the expectation that the other will be 
responsible for the cost.”                       , 
375 Ga. App. 567
, 575 (2025) (citation omitted).                                     
   The Plaintiffs allege they paid insurance premiums to Blue Shield to 
procure health insurance services, (CAC ¶ 299), but with the belief that “Blue 
Shield would use part of the monies paid . . . to fund proper and reasonable 


                           30                                         
data security practices,” (  ¶ 361).9 They allege that Blue Shield benefited 
from this arrangement because it “retain[ed] money that it should have used 
to provide reasonable and adequate data security,” “sold more services and 

products  than  [it]  otherwise  would  have,”  and  otherwise  “profi[ted]”  from 
gathering the Plaintiffs’ data. (  ¶¶ 300, 304–06.)                     
   Reasonable courts—applying substantially the same unjust enrichment 
standard—disagree on whether allegations of this type survive a motion to 
dismiss, but this Court is persuaded that they do. Here, the Plaintiffs allege 
they paid Blue Shield on the expectation that the company would provide 

health insurance services and data security, yet they did not receive the latter. 
That is sufficient at the pleading stage to allege a “benefit” conferred that ought 
to be equitably returned.                    , 
2026 WL 2333808
,         
at *7 (M.D. Ga. Aug. 12, 2026) (declining to dismiss an unjust enrichment claim 
under Georgia law based on similar facts);  , 
693 F.3d at 1328
 (applying 
Florida law);                             , 
567 F. Supp. 3d 1130
,       
1146 (C.D. Cal. 2021) (applying California law);                        

                         , 
198 F. Supp. 3d 1183, 1201
 (D. Or. 2016)   
(applying Oregon law);                     , 
278 F. Supp. 3d 739
,       


   9 The Plaintiffs allege this fact under their breach of implied contract 
claim (Count IX), but the Court will consider it in the context of this unjust 
enrichment claim (Count V) in construing the Complaint in the light most 
favorable to the Plaintiffs.                                            
                           31                                         
751 (S.D.N.Y. 2017) (applying New York law);            , 
455 F. Supp. 3d 749
, 766 (C.D. Ill. 2020) (dismissing an unjust enrichment claim 
under Illinois law where the plaintiffs “ha[d] not alleged that any specific 

portion of their payments went toward data protection”).10              
   Contrary to Blue Shield’s position on the conferral of benefits, (Br. in 
Supp. of Def. Blue Shield’s Mot. to Dismiss, at 12–13), it makes no difference 
that  the  Plaintiffs  paid  their  insurance  premiums  through  an    
employer-sponsored  plan  as  opposed  to  directly  to  the  Blue  Shield.   
                                , 
838 F. Supp. 2d 1340
, 1366 n.27     

(N.D. Ga. 2012) (“[I]t is not necessary that the plaintiff allege a direct payment 
by the plaintiff to the allegedly unjustly-enriched defendant.”);       
              ,  
2013 WL 12121864
,  at  *8  (S.D.  Ga.  Mar.  18,  2013) 


   10            , 
2025 WL 552676
, at *8 (rejecting the “cost-savings 
benefit” theory of unjust enrichment);  , 377 Ga. App. at 185 (affirming 
the dismissal of an unjust enrichment claim for failure to allege a benefit 
conferred, but where the plaintiffs merely alleged they “believed the defendant 
would keep their information safe” and were “denied . . . the ability to make an 
informed purchasing decision”);            , 
732 F. Supp. 3d 765
,       
782 (S.D. Ohio 2024) (“[A] traditional exchange of payment for goods and 
services is not a circumstance in which it is ‘unjust’ to allow the defendant to 
retain the benefit. . . . Plaintiffs fail to plausibly allege that the banking fees 
Plaintiffs  paid  ([(the  alleged  benefit  conferred)]  were  in  exchange  for  PII 
protection.”);                                                          
         , 
2023 WL 8540911
, at *5 (D.N.J. May 5, 2023) (“Plaintiffs pay 
Defendants  for  medical  services  received  and  entrust  their  Personal 
Information incidental to those services. Allegations that Plaintiffs would not 
have engaged Defendants for medical services do not plausibly suggest that 
the Personal Information itself is part of Defendants’ business model.”). 
                           32                                         
(rejecting the argument that the benefit conferred must be “direct”).   
 F.  Breach of Fiduciary Duty (Counts VI–VII)                         
   To establish a claim for breach of fiduciary duty in Georgia, a plaintiff 

must establish “(1) the existence of a fiduciary duty; (2) breach of that duty; 
and  (3) damage  proximately  caused  by  the  breach.”                 
               ,  
321 Ga. App. 584, 594
  (2013)  (citation  omitted). 
“Fiduciary  duties  and  obligations  are  owed  by  those  in  confidential 
relationships.”                              , 
269 Ga. 604, 606
         
(1998). Georgia law defines a confidential relationship as one where (1) “one 

party . . . exercise[s] a controlling influence over the will, conduct, and interest 
of another” or (2) “from a similar relationship of mutual confidence, the law 
requires the utmost good faith.”                            ,           
325 Ga. App. 194, 201
 (2013) (citing O.C.G.A. § 23-2-58). The confidential 
relationship may arise from “law, contract, or the facts of a particular case.” 
            , 
278 Ga. App. 117, 120
 (2006);   O.C.G.A. § 23-2-58      
(regarding confidential relationships by nature, law, or contract). A fiduciary 

“owes a duty of ‘utmost good faith’ and loyalty to the other party.”    
               , 
361 Ga. App. 475
, 479 (2021) (quoting    ,           
286 Ga. App. 774, 783
 (2007)). This duty requires “act[ing] for the benefit of 
another person on all matters within the scope of their relationship.”  
      , 
376 Ga. App. 159
, 163–64 (2025) (quoting Black’s Law Dictionary 

                           33                                         
(12th ed. 2024)).                                                       
   The Plaintiffs allege a fiduciary relationship between themselves and 
both Young Consulting (Count VI) and Blue Shield (Count VII), based on the 

exchange of PHI for health insurance and healthcare services. (CAC ¶¶ 319, 
332.) Because providing PHI was a requirement for obtaining these services, 
the Defendants supposedly “exercised a controlling influence over Plaintiffs 
and Class Members as it related to the security of their Private Information.” 
(   ¶¶ 320, 333.) According to the Complaint, this relationship gave rise to a 
fiduciary  duty  to  safeguard  the  data  and  exercise  oversight  over  vendors 

handling the data, timely notify individuals affected by a data breach, and 
maintain “complete and accurate records regarding the storage, usage of, and 
access to the Private Information.” (  ¶¶ 323, 337.) The Defendants allegedly 
breached this duty and injured the Plaintiffs as a result. (  ¶¶ 326, 340.) 
   The Defendants challenge only the existence of a fiduciary duty, arguing 
that the Complaint does not allege a confidential relationship involving a 
“controlling  influence.”  (Br.  in  Supp.  of  Def.  Young  Consulting’s  Mot.  to 

Dismiss, at 21–22; Br. in Supp. of Def. Blue Shield’s Mot. to Dismiss, at 13.) 
Blue Shield claims that “Georgia courts do not recognize fiduciary duties by 
healthcare providers outside the physician-patient relationship and limit such 
duties strictly to matters of care.” (Br. in Supp. of Def. Blue Shield’s Mot. to 
Dismiss, at 13 (citing                      ., 
279 Ga. App. 586
,        

                           34                                         
592 (2006)).)                                                           
   The Court first reviews the case law on relationships that do and do not 
give rise to fiduciary duties. As an initial matter, fiduciary duties do not 

typically arise when individuals disclose sensitive information in standard 
arms-length consumer transactions.                          ,           
272 Ga. App. 703, 705
 (2005) (“[A]n arm’s-length relationship by its nature 
excludes  a  confidential  relationship.”  (citation  omitted)).  In  the  insurance 
context, Georgia courts have held that no fiduciary duty ordinarily exists 
between the insurer and insured.             , 
321 Ga. App. 496, 501
 (2013) (citations omitted). By contrast, physicians typically owe fiduciary 
duties, including confidentiality and the utmost good faith, to their patients 
when providing medical care.  , 
279 Ga. App. at 593
 n.14 (citing        
   , 
260 Ga. App. 723, 726
 (2003)). In  , another court in this district 
considered whether the exchange of PHI in a healthcare provider–patient 
relationship was more like the exchange of information in a nonconfidential 
arms-length-transaction  relationship  or  the  exchange  of  information  in  a 

confidential physician-patient relationship.  , 563 F. Supp. 3d at 1383. 
The court reasoned that the alleged healthcare provider–patient relationship 
“was different from standard consumer transactions insofar as it necessarily 
entailed  the  patient-[p]laintiffs  sharing  and  disclosing  private  health 
information with [the] [d]efendant that was akin to the health information that 

                           35                                         
would be communicated to a physician when receiving medical care.”      
   Nevertheless, in this case, the breach of fiduciary claims against Blue 
Shield and Young Consulting both fail as a matter of law. While it may be true 

that  certain  health  information  collected  by  Blue  Shield  (and  Young 
Consulting) may be of the same or similar kind as those collected by a doctor 
treating a patient, the Court is not persuaded that the relationship between 
doctors and patients in providing medical care is akin to that between health 
insurance  providers  (and  their  vendors)  and  their  insured  members  in 
providing insurance coverage.                                           

   , 
2025 WL 2179475
, at *22 (D. Mass. July 31, 2025) (finding that a 
medical provider’s fiduciary duty to safeguard patients’ information “presents 
wholly different questions from whether and under what circumstances an 
insurer ‘owes an obligation to consider the interests of its insured above its 
own’ so as to support the existence of a fiduciary relationship”);      
                      , 
2025 WL 2754760
, at *11 (N.D. Ill. Sept. 27,  
2025) (rejecting the plaintiffs’ attempt to “use the fiduciary duty a treating 

physician owes their patients to bootstrap into Illinois law” a new fiduciary 
duty owed by healthcare facilities).                        ,           
742 F. Supp. 3d 1304
, 1318 (N.D. Ga. 2024) (declining to dismiss a breach of 
fiduciary duty claim given that there was a factual question as to information 
involved in the data breach and that “in some circumstances, the retention of 

                           36                                         
private information that patients provided while seeking medical care can 
create a fiduciary duty under Georgia law”).                            
   To find otherwise would go too far, in the Court’s view. It would impose 

a fiduciary duty on virtually any company dealing with health information, 
which could be easily characterized as that which a treating physician collects. 
While the Court has stated that the relationship between Blue Shield and its 
members  is  a  special  one  requiring  a  duty  of  ordinary  care  to  safeguard 
members’ PII and PHI, the Court is not convinced it is one requiring a fiduciary 
duty. “Fiduciaries are held to the highest standard of the law” and must “act 

for  the  benefit”  of  the  other  “on  all  matters  within  the  scope  of  their 
relationship.”            , 
319 Ga. App. 354
, 364 n.19 (2012) (citation 
omitted). The relationship between Blue Shield and its members is not so 
unequal that Blue Shield possesses a “controlling influence over the will, 
conduct,  and  interest”  of  the  Plaintiffs.  The  Plaintiffs  entered  into  an 
arms-length transaction with Blue Shield, which is ordinarily insufficient to 
establish a fiduciary duty.   , 
272 Ga. App. at 705
;        ,           

567 F. Supp. 3d at 1146 (applying California law);                      
         , 
2024 WL 5055556
, at *13 (S.D. Iowa June 26, 2024) (applying 
Iowa law, and collecting cases). Georgia courts typically treat the relationship 
between the insurer and insured as an arms-length transaction.  , 321   
Ga.  App.  at  501  (citation  omitted).  Here,  the  Plaintiffs  do  not  allege  a 

                           37                                         
relationship  with  Blue  Shield  that  goes  beyond  the  ordinary  relationship 
between a health insurance provider and its member.                     
            , 
777 F. Supp. 3d 913
, 942 (E.D. Wis. 2025). Therefore, Blue 

Shield owes no fiduciary duty to the Plaintiffs to safeguard their PII and PHI, 
and neither does Young Consulting as Blue Shield’s vendor.              
 G. California Invasion of Privacy (Count VIII)                       
   California Plaintiffs Emily Desley-Bloom, Kevin Chinchilla Montero, 
and Alexandra Murillo allege an invasion of privacy claim under the California 
Constitution  against  Blue  Shield.  The  California  Constitutions  protects 

individuals from invasions of their privacy. Cal. Const. art. I, § 1. To establish 
an invasion of privacy claim under the California Constitution, a plaintiff must 
show “(1) a legally protected privacy interest; (2) a reasonable expectation of 
privacy in the circumstances; and (3) conduct by [the] defendant constituting 
a serious invasion of privacy.”                     , 
7 Cal. 4th 1, 66
 (1994). Blue Shield challenges only the third element, arguing that “the 
type of personal information impacted by the [data breach] does not qualify as 

a ‘serious invasion’ of privacy.” (Br. in Supp. of Def. Blue Shield’s Mot. to 
Dismiss, at 14.)                                                        
   To qualify as a “serious invasion of privacy,” the invasion “must be 
sufficiently serious in [its] nature, scope, and actual or potential impact” such 
that it “constitute[s] an egregious breach of the social norms underlying the 

                           38                                         
privacy right.”  , 
7 Cal. 4th at 37
. California courts have dismissed invasion 
of privacy claims at the pleading stage even where the plaintiffs alleged the 
disclosure of highly sensitive information such as social security numbers and 

geolocation data.         , 
540 F. Supp. 2d 1121, 1128
 (N.D. Cal. 2008), 
  , 380 Fed. App’x 689 (9th Cir. 2010) (holding the theft of 800,00 job 
applicants’ “personal information, including . . . social security numbers,” did 
not amount to a serious invasion of privacy);               ,           
844 F. Supp. 2d 1040, 1063
 (N.D. Cal. 2012) (holding the disclosure of “unique 
device identifier number[s], personal data, and geolocation information” from 

certain  Apple  devices  “does  not  constitute  an  egregious  breach  of  social 
norms”);                 , 
63 F. Supp. 3d 1159, 1169
 (C.D. Cal. 2014)   
(“[A]n accidental disclosure (of the kind that is inevitable when human beings 
process large amounts of information) is not necessarily sufficient to sustain a 
claim under article I, § 1.”). But California courts treat medical records with 
special importance such that the disclosure of certain medical information may 
amount to a serious invasion of privacy.      , 
41 Cal. App. 5th 497
, 507 (Cal. Ct. App. 2019) (“It is well established that the right to privacy 
extends to medical records, which may contain ‘matters of great sensitivity 
going to the core of the concerns for the privacy of information about an 
individual.’” (citations omitted)).                                     


                           39                                         
   The Court denies Blue Shield’s Motion to Dismiss on the California 
privacy claim, finding the nature, scope, and impact of the privacy invasion 
“sufficiently serious.” Here, the nature of the privacy invasion can be fairly 

characterized as serious. Blue Shield’s inadequate security practices allegedly 
resulted  in  the  disclosure  of  not  only  PII  such  as  names,  social  security 
numbers, dates of birth, and names, but also PHI such as medical diagnoses, 
medical treatments, and medication and prescription data. (CAC ¶¶ 47, 54.) 
California courts have found the disclosure of medical information such as 
HIV-positive status, substance abuse treatment and prescription records, and 

fertility treatment records to be of a serious nature.  ,  , 63 F.      
Supp. 3d at 1169–70 (HIV);                        , 
65 Cal. App. 5th 621
, 645–46 (Cal. Ct. App. 2021) (substance abuse);                 
      , 
2024 WL 246178
, at *1–2, *6 (E.D. Cal. Jan. 23, 2024) (fertility). The 
compromised data in this case plausibly includes highly sensitive medical 
information  of  this  sort,  in  addition  to  other  personally  identifiable 
information. The scope of the privacy invasion is also large, given that the data 

breach compromised the identities and medical information of more than one 
million Blue Shield members across the country. (CAC ¶ 60.) Lastly, the Court 
finds the impact of the invasion serious. All the records have allegedly been 
made public by way of being posted on the internet, (  ¶ 52–54), and are ripe 
for bad actors to sift through—whether to steal the identities of the affected 

                           40                                         
individuals, weaponize their medical information in some way, or take other 
action.                         , 
82 Cal. App. 4th 419, 429
 (Cal. Ct.   
App. 2000) (dismissing a California privacy claim where personnel records 

were disclosed to an attorney). Considering the alleged nature, scope, and 
impact of the privacy invasion, the Court therefore holds that the Complaint 
plausibly pleads a serious invasion of privacy.                         
   This holding is consistent with other courts who have found comparable 
breaches of medical information to be serious invasions of privacy.     
                     , 
501 F. Supp. 3d 898
, 906, 926 (S.D. Cal. 2020) 

(declining to dismiss a California privacy claim involving a “large data breach” 
of “protected health information and personal information” such as “name, 
address, date of birth, gender, and medical claim information including dates 
of service, diagnosis codes, procedure codes and treating physician”);  , 
567 F. Supp. 3d at 1138, 1143 (declining to dismiss a privacy claim involving 
the allegedly data breach of the plaintiffs’ “names, dates of births, [ ] account 
numbers,  health  insurance  information,  confidential  medical  information, 

medical diagnoses, billing information including addresses, email addresses, 
and telephone numbers, and Social Security numbers”).                   
 H. Breach of Implied Contract (Count IX)                             
   In  Georgia,  a  contract  exists  between  parties  when  there  is 
(1) consideration, (2) “the assent of the parties to the terms,” and (3) “a subject 

                           41                                         
matter  upon  which  the  contract  can  operate.”  O.C.G.A.  § 13-3-1.  An 
implied-in-fact contract is a type of contract where mutual “assent may be 
implied from the circumstances and the conduct of the parties.”         

                   , 
325 Ga. App. 448, 452
 (2013) (citations omitted); 
                      , 
154 Ga. App. 229
, 231–32 (1980) (“[T]he only  
difference between an express contract and a contract implied in fact is that in 
the former the parties arrive at their agreement by words, whether oral or 
written, while in the latter their agreement is arrived at by a consideration of 
their acts and conduct . . . .” (citation omitted)). Mutual assent, or the “meeting 

of the minds,” occurs when “one party’s intention is deemed to be that meaning 
a reasonable man in the position of the other contracting party would ascribe 
to the first party’s manifestations of assent, or that meaning which the other 
contracting party knew the first party ascribed to his manifestations of assent.” 
                                      , 
250 Ga. 391, 395
 (1982)       
(noting that the standard is objective). As the Georgia Supreme Court recently 
explained: “a court will honor [an] intention if the other party has reason to 

know it” or “actually knows it.”        , 
299 Ga. 443, 445
 (2016)       
(quoting E. Allan Farnsworth, Contracts § 3.7, at 122 (2d ed. 1990)). Assuming 
the existence of a contract, a breach of implied contract claim survives a motion 
to dismiss if a plaintiff can plausibly plead the traditional elements of a breach 
of contract: duty, breach, causation, and damages.                      

                           42                                         
   The Plaintiffs assert this breach of implied contract claim against only 
Defendant  Blue  Shield.  They  allege  that,  in  providing  their  sensitive 
information to Blue Shield “as a precondition for receiving health insurance,” 

(CAC ¶ 354), they also entered into an implied contract with the company 
whereby  “Blue  Shield  agreed  to  safeguard  and  protect”  their  sensitive 
information and “timely and accurately notify them if it was breached or 
compromised,” (  ¶ 355). To support this implied contract, the Plaintiffs cite, 
among other representations, Blue Shield’s “Notice of Privacy Practices.” (  
¶ 357.)  The  privacy  notice  states:  “we  maintain  physical  technical  and 

administrative safeguards to ensure the privacy of your PHI,” and “[w]e are 
required to maintain the privacy of your PHI and to notify you in the event 
that you are affected by a breach of unsecured PHI.” ( ) A separate “HIPAA 
Notice  of  Privacy  Practices”  document  contains  “the  same  or  similar 
representations,” plus other representations such as “[w]e will obey any and 
all laws that require us to give you privacy protections, including HIPAA and 
any other federal or California privacy law.” (  ¶ 358.)                

   Blue Shield disputes the existence of mutual assent and, if a contract 
exists, any breach of such a contract. As to mutual assent, Blue Shield argues 
that (1) conclusory statements about implied contracts and general references 
to the company’s privacy policies are insufficient11 and that (2) the Plaintiffs 


   11 Blue Shield also points out that the Plaintiffs cite the company’s 
                           43                                         
do not allege “they read or relied upon” the company’s privacy representations. 
(Br. in Supp. of Def. Blue Shield’s Mot. to Dismiss, at 15.) As to breach, Blue 
Shield contends that the Complaint “fail[s] to identify any specific contract 

term Blue Shield allegedly breached” and instead alleges “only vague failures 
to implement security measures or oversee contractors.” (  at 16.)      
   Ultimately,  the  Court  rejects  Blue  Shield’s  arguments  and  denies 
dismissal of the breach of implied contract claim. The Court first holds that the 
Plaintiffs have plausibly pleaded mutual assent to an implied contract. A 
reasonable  person  would  understand  Blue  Shield’s  representations—e.g., 

expressly stating that it would (or intended to) “maintain . . . safeguards to 
ensure the privacy of your PHI”—as manifestations of assent, amounting to an 
implied  contract.   ,      ,  563  F.  Supp.  3d  at  1381–82  (denying 
dismissal of a breach of implied contract claim where the plaintiffs alleged that 
the defendant posted its privacy representations on its website and made the 
statements “available to patients upon request”);     , 
667 F. Supp. 3d 1276
,  1286–87  (N.D.  Ga.  2023)  (denying  dismissal  where  the 

plaintiffs  alleged  an  expectation  that  the  defendant  would  implement 
reasonable data security practices);             , 136 F. Supp.         

“codes of conduct” but that those codes of conduct do not even apply to the 
Plaintiffs. (Br. in Supp. of Def. Blue Shield’s Mot. to Dismiss, at 15.) The 
Plaintiffs do not respond to this argument. The Court ignores the codes of 
conduct for now, referring instead to Blue Shield’s privacy policy and other 
privacy statements, which appear to expressly concern the Plaintiffs.   
                           44                                         
3d 654, 675 (E.D. Pa. 2015) (denying dismissal where the defendant implicitly 
promised to safeguard the plaintiffs’ PII through “privacy policies, codes of 
conduct, company security practices, and other conduct”).               

   Moreover, construed in the light most favorable to the Plaintiffs, the 
Complaint  plausibly  alleges  that  the  Plaintiffs  relied  on  Blue  Shield’s 
representations.     , 
2026 WL 2333808
, at *4, 6–7 (inferring reliance  
from allegations that the plaintiffs “understood” and “believed” the defendant 
would “safeguard their PI” based on the defendant’s privacy policy);    
               ,  
2010 WL 11570892
,  at  *6  (N.D.  Ga.  Feb.  5,  2010) 

(denying  dismissal  where  the  plaintiffs  alleged  that  they  would  not  have 
provided  their  information  to  the  defendant  absent  the  defendant’s 
representation that it would protect the information). The Plaintiffs allege that 
they would not have entrusted their information to Blue Shield “in the absence 
of the . . . implied terms between them and Blue Shield.” (CAC ¶ 362.)  
   Together,  Blue  Shield’s  specific  privacy  representations  and  the 
Plaintiffs’  apparent  reliance  on  those  representations  are  sufficient  to 

plausibly  plead  mutual  assent.  And,  indeed,  one  Georgia  appellate  court 
recently denied dismissal of a breach of implied contract claim in similar 
circumstances, albeit applying Georgia procedure.  , 377 Ga. App. at 184. 
There,  the  court  considered  allegations  that  the  plaintiffs  “relied  on  the 
defendant’s privacy notice, which included promises that the defendant would 

                           45                                         
implement reasonable and adequate data security safeguards and would not 
disclose  their  private  information  to  anyone,  outside  of  certain,  specific 
circumstances.”                                                         

   Having found the existence of an implied contract, the Court further 
holds that the Plaintiffs plausibly plead the element of breach. The Plaintiffs 
have alleged that Blue Shield failed to “implement adequate data security” and 
“exercise sufficient oversight of the data security practices of its contractors,” 
(CAC ¶ 364), including requiring the specific security measures listed in the 
Complaint, (    ,   ¶ 71, 73, 81 ,83), and that it failed to timely notify the 

Plaintiffs of a data breach, (  ¶ 364). This is sufficient to plausibly plead 
breach of the promise to safeguard the privacy of the Plaintiffs’ data and notify 
the Plaintiffs once PHI is compromised.                                 
 I.  Breach of Third-Party Beneficiary Contract (Count X)             
   The Complaint alleges that Young Consulting qualifies as a “Business 
Associate” under HIPAA “because it receives, maintains, and electronically 
transmits PHI from health plans such as Blue Shield to assist in carrying out 

healthcare-related  functions.”  (   ¶ 77.)  As  a  Business  Associate,  Young 
Consulting allegedly entered into a written contract (a “Business Associate 
Agreement”)  with  Blue  Shield  in  which  Young  Consulting  “agreed  . . .  to 
implement adequate security measures to safeguard the Private Information 
of Plaintiffs and the Class and to timely and adequately notify them of the Data 

                           46                                         
Breach.” (  ¶ 371.) The Complaint alleges that Young Consulting breached 
this contract, of which the Plaintiffs are third-party beneficiaries. (  ¶¶ 372–
74.)                                                                    

   Young Consulting argues that the Plaintiffs lack standing to assert their 
breach of contract claims because the alleged contract does not contain “clear 
and  express  language  .  .  .  demonstrating  an  intent  to  create  third-party 
beneficiary rights.” (Br. in Supp. of Def. Young Consulting’s Mot. to Dismiss, 
at 15.) Young Consulting takes issue with the Complaint’s failure to cite any 
specific terms of the contract. (  at 24.) Young Consulting further argues that 

parole evidence cannot be considered in determining the intent of the parties, 
including statutes and regulations related to the contract. (  at 15–16.) 
   The  Court  declines to  dismiss  the  Plaintiffs’  third-party  beneficiary 
contract claim on these grounds.12 The key question is “whether the parties’ 
intention to benefit the third party is shown on the face of the contract.”   
            , 
262 Ga. App. 339, 344
 (2003) (citing                    
                    , 
160 Ga. App. 756, 758
 (1981) (finding that a    


   12 The Court applies Georgia law for the choice-of-law reasons stated 
above but notes that the parties dispute whether Georgia or California law 
applies to this claim. Young Consulting asserts that the contract is governed 
by Georgia law, though it does not state the basis for concluding such. (Reply 
Br. in Supp. of Def. Young Consulting’s Mot. to Dismiss, at 6–7 [Doc. 57].) The 
Plaintiffs “cannot necessarily agree that Georgia law governs,” given that the 
contract and facts surrounding its drafting remain unavailable. (Pls.’ Joint 
Resp. Br. in Opp’n to Defs.’ Mots. to Dismiss, at 17 n.5 (noting that the contract 
may contain a choice-of-law provision).)                                
                           47                                         
contract  may  establish  third-party  beneficiaries,  even  if  a  third-party 
beneficiary is “not [ ] specifically named”). The Complaint alleges these exact 
facts—that Young Consulting entered into a contract intended to “protect the 

information of individual patients” and is “expressly for the benefit of Plaintiffs 
and Class Members.” (CAC ¶ 373.) Thus, accepting these allegations as true, 
the Court finds them sufficient to state a claim for relief. Without the benefit 
of discovery, it is only natural that the Plaintiffs cannot yet refer to the specific 
language in the contracts, which are in the hands of the Defendants and not 
yet in the record. The Court declines to dismiss this claim merely on Young 

Consulting’s bald assertions that the contracts lack the requisite language and 
intent.                                                                 
 J.  Declaratory and Injunctive Relief (Count XI)                     
   The Plaintiffs seek declaratory and injunctive relief against Blue Shield 
and Young Consulting. Specifically, they ask this Court to enter a judgment 
declaring that the Defendants owe a duty to secure the Plaintiffs’ data and 
notify them about it, “breached and continue to breach” this duty, and continue 

to harm the Plaintiffs. (CAC ¶ 382.) They also ask the Court to enjoin the 
Defendants,  requiring  them  to  “employ  adequate  security  protocols.”  (  
¶ 383.)                                                                 
   The Defendants advance three primary grounds for dismissal: (1) the 
claim is duplicative of the Plaintiffs’ other claims; (2) adequate legal remedies 

                           48                                         
bar declaratory relief; and (3) the allegations do not plausibly plead a threat of 
future harm. (Br. in Supp. of Def. Young Consulting’s Mot. to Dismiss, at 26–
27; Br. in Supp. of Def. Blue Shield’s Mot. to Dismiss, at 17.)         

   Pursuant to its “unique and substantial discretion in deciding whether 
to declare the rights of litigants,”          , 
515 U.S. 277, 286
       
(1995), the Court grants dismissal to the extent this claim seeks a declaration 
regarding the Defendants’ duties to safeguard and notify as well as their past 
breach  of  these  duties.  The  Court  denies  dismissal  as  to  all  other  relief 
requested therein, finding that the Plaintiffs plausibly plead the Defendants’ 

security practices remain inadequate and create a future risk of harm. (CAC 
¶¶ 379–80, 384–85.)                                                     
 K. California Consumer Privacy Act (Count XII)                       
   The California Plaintiffs allege a violation of the California Consumer 
Privacy Act (“CCPA”) against both Defendants Young Consulting and Blue  
Shield. The CCPA creates a private right of action for “consumer[s] whose 
nonencrypted  and  nonredacted  personal  information  . . .  is  subject  to  an 

unauthorized access and exfiltration, theft, or disclosure as a result of [a] 
business’ violation of the duty to implement and maintain reasonable security 
procedures  and  practices  appropriate  to  the  nature  of  the  information  to 
protect the personal information.” 
Cal. Civ. Code § 1798.150
(a)(1) (West 2024). 
The Complaint seeks injunctive relief and the greater of statutory and actual 

                           49                                         
damages,  pursuant  to  
Cal. Civ. Code § 1798.150
(a)(1)(A)–(B)  (West  2024). 
(CAC ¶¶ 404–05.)                                                        
   1.  Young Consulting                                               

   Young Consulting moves to dismiss the CCPA claim on two primary    
grounds. First, the company contends that it is not a “business” subject to 
private civil suit under the CCPA but rather a “service provider” subject only 
to  state  administrative  enforcement  actions.  (Br.  in  Supp.  of  Def.  Young 
Consulting’s Mot. to Dismiss, at 28–31.) Second, it contends that the Complaint 
is devoid of specific factual allegations regarding the company’s failure to 

implement reasonable security measures. (  at 31.)                      
   The Court dismisses the CCPA claim against Young Consulting, finding 
that Young Consulting is not a “business” under the statute. The CCPA grants 
a  private  right  of  action  to  sue  “business[es]”  under  
Cal. Civ. Code § 1798.150
(a)(1) (West 2024). Beyond this limited private right of action, the 
California Privacy Protection Agency and California Attorney General enforce 
violations committed by businesses, service providers, contractors, and similar 

entities.  §§ 1798.155(a), 1798.199.90(a) (West 2024). The statute defines a 
“business” as a “corporation . . . that collects consumers’ personal information, 
or on the behalf of which such information is collected and that alone, or jointly 
with  others,  determines  the  purposes  and  means  of  the  processing  of 


                           50                                         
consumers’ personal information.”13   § 1798.140(d)(1) (West 2024).     
   The  Plaintiffs  attempt  to  fit  a  square  peg  into  a  round  hole  by 
characterizing Young Consulting as a “business.” The Complaint alleges that 

Young  Consulting  is  “a  software-as-a-service  [ ]  company”  that  provides 
“software  solutions  for  the  marketing,  underwriting  and  administering  of 
medical stop loss insurance” and “collects and processes sensitive data on 
behalf of its clients, including Blue Shield of California.” (CAC ¶¶ 19, 2.) In 
other  words,  Blue  Shield  collects  PII  and  PHI  from  its  health  insurance 
members and contracts with Young Consulting for its software services to 

maintain and process that data on Blue Shield’s behalf. (  ¶¶ 21–22, 36.) As 
mentioned  above,  a  “business”  in  the  CCPA  context  (1) collects  personal 
information and (2) “determines the purposes and means” of “processing” that 
information.   
Cal. Civ. Code § 1798.140
(d)(1) (West 2024).             
   As  to  the  first  prong,  the  CCPA  broadly  defines  “collect[ing]”  as 
including  “gathering,  obtaining,  receiving,  or  accessing  any  personal 
information  pertaining  to  a  consumer  by  any  means,”  whether  that 

information is received “actively or passively.”   § 1798.140(f). It is clear that 
Young Consulting collected the Plaintiffs’ personal information because Young 

   13 The  statute  only  applies  to  businesses  that  “do[ ]  business”  in 
California and satisfy certain revenue and consumer thresholds. 
Cal. Civ. Code § 1798.140
((d)(1)(A)–(C)  (West  2024).  Neither  Young  Consulting  nor  Blue 
Shield dispute that they satisfy these requirements, so the Court does not 
scrutinize this requirement further.                                    
                           51                                         
Consulting  received  and  accessed  the  Plaintiffs’  personal  information  in 
providing software services to Blue Shield. (CAC ¶ 36.)                 
   But the Complaint fails to plausibly satisfy the second prong, that it 

“determine[d] the purpose and means” for processing the Plaintiffs’ data. The 
Complaint  alleges  that  Young  Consulting  “determine[s]  the  purpose  and 
means for processing the data because it “use[s] consumers’ personal data to 
provide services at customers’ requests,” (  ¶ 392), and “performs analytics 
with consumer data to perform underwriting and block analysis” and “various 
reporting  functions,”  (   ¶ 393).  It  further  alleges  that Young  Consulting 

“uses[s] consumers’ personal data to . . . develop, improve, and test Defendants’ 
services.” (  ¶ 392.) These allegations are all consistent with a company that 
provides software services at the request of Blue Shield (Young Consulting’s 
client)  and  does  not  plausibly  allege  something  more—determining  the 
     (and means) of the data processing.14                            
   This conclusion makes sense given the CCPA’s definition of a “service 
provider,” which would appear to better fit Young Consulting’s role. A “service 

provider”  is  “a  person  that  processes  personal  information  on  behalf  of  a 
business  and  that  receives  from  or  on  behalf  of  the  business  consumer’s 
personal information for a business purpose pursuant to a written contract,” 


   14           , 742 F. Supp. 3d at 1327 (finding a health IT company’s 
services qualify it as a “business”).                                   
                           52                                         
provided the contract requires certain confidentiality protections for the data. 
Cal. Civ. Code § 1798.140
(ag)(1) (West 2024). Here, the Complaint alleges that 
Young Consulting processes Blue Shield members’ personal information “on 

behalf of” Blue Shield “for a business purpose” and was required by Blue Shield 
to treat that information with a certain level of care and security. (CAC ¶¶ 19, 
26–35.)  While  the  Court  does  not  affirmatively  determine  that  Young 
Consulting is a “service provider,” this context supports the Court’s holding. 
Common sense dictates that a company that provides data processing services 
“on behalf of a business” and “for a business purpose” ordinarily does not set 

the purpose of the data processing—rather, that company’s client (like Blue 
Shield) sets that purpose and hires a service provider to fulfill it. To hold that 
the  Plaintiffs’  allegations  here  are  sufficient  to  allege  a  “business”  would 
collapse the definitions of businesses and service providers as virtually every 
company that “processes personal data on behalf of a business” (a “service 
provider”)  could  qualify  as  a  company  that  collects  personal  data  and 
determines the purpose and means of processing it (a “business”).15 The Court 


   15 The Court is aware that some courts have suggested that a company 
can both be a service provider and a business.  ,                       
                     , 
2021 WL 3568394
, at *6 (D.S.C. Aug. 12, 2021). 
But the Court reads the CCPA as providing that, while a company could   
function both as a business and a service provider in separate contexts, a 
company cannot simultaneously be both the business and the service provider 
in the context of the same services.   
Cal. Civ. Code § 1798.145
(i)(1) (“A 
service provider or contractor shall [ ] not be liable under this title for the 
obligations of a business for which it provides services as set forth in this title 
                           53                                         
is not persuaded that this outcome is consistent with the CCPA’s design. 
   2.  Blue Shield                                                    
   Blue Shield moves to dismiss the CCPA claim on two grounds. First, the 

company claims that statutory damages are unavailable because the Plaintiffs 
did not comply with the CCPA’s pre-suit notice requirement in a timely or 
sufficient manner. (Br. in Supp. of Def. Blue Shield’s Mot. to Dismiss, at 17–
18.) Second, Blue Shield moves to dismiss the CCPA claim to the extent it 
alleges violations based on information protected by HIPAA or the California 
Confidentiality of Medical Information Act (“CMIA”), as the CCPA exempts 

information protected by those statutes. (  at 18–19.)                  
   The  Court  dismisses  the  CCPA  claim  against  Blue  Shield  (1) as  to 
statutory damages and (2) to the extent the claim relies on health and medical 
information governed by HIPAA and the CMIA. The Court clarifies both. First, 
the Court dismisses the CCPA claim to the extent it seeks statutory damages 
(but not as to the actual damages or injunctive relief sought). A plaintiff can 
seek actual damages under the CCPA without pre-suit notice but, in order to 

seek statutory damages, he must provide notice and an opportunity to cure 
thirty days prior to initiating an action. 
Cal. Civ. Code § 1798.150
(b) (West 
2024). Here, Plaintiff Montero sent a CCPA notice letter to Blue Shield on July 


provided that the service provider or contractor shall be liable for its own 
violations of this title.”).                                            
                           54                                         
16, 2025, (Br. in Supp. of Def. Blue Shield’s Mot. to Dismiss, Ex. 1 [Doc. 46]),16 
and  then  filed  this  consolidated  class  action  complaint  seeking  statutory 
damages under the CCPA on July 21, 2025. This five-day notice-and-cure  

period  does  not  comply  with  the  CCPA,  so  the  Plaintiffs  cannot  recover 
statutory damages. Contrary to the Plaintiffs position, merely amending the 
Complaint would not restart the clock, as the statute requires notice “ 
               against a business for statutory damages.” 
Cal. Civ. Code § 1798.150
(b)  (West  2024)  (emphasis  added);                         
       , 
2022 WL 1811165
, at *6 (D. Ariz. June 2, 2022) (“If a notice . . . 

could be updated when an amended complaint is filed and satisfy the 30-day 
notice requirement, then having the pre-suit notice requirement would be 
pointless.”);                              , 
2025 WL 213744
, at         
*20 (D. Utah Jan. 16, 2025) (finding notice timely between the filing of the 
initial and amended complaint because the plaintiff alleged a CCPA claim 
initially only for actual damages and first sought statutory damages in the 
amendment,  which  was  filed  after  the  thirty-day  notice  period).  Having 

determined that the notice was not timely, the Court need not reach Blue 
Shield’s  other  arguments  as  to  whether  the  contents  of  the  notice  were 


   16 A  copy  of  the  notice  letter  was  presented  to  the  Court  as  an 
attachment to Blue Shield’s motion. The Court finds the CCPA notice letter is 
central  to  the  Plaintiffs’  claims,  and  no  party  disputes  its  authenticity.
     , 
107 F.4th at 1300
.                                             
                           55                                         
deficient. (  Br. in Supp. of Def. Blue Shield’s Mot. to Dismiss, at 18.) 
   Second, the Court dismisses the claim to the extent it relies on health 
and  medical  information  governed  by  HIPAA  and  the  California    

Confidentiality of Medical Information Act (but not as to other non-medical 
PII). The CCPA expressly exempts any “[m]edical information governed by the 
Confidentiality of Medical Information Act . . . or protected health information 
that is collected by a covered entity or business associate governed by the 
privacy, security, and breach notification rules . . . established pursuant to the 
Health Insurance Portability and Accountability Act of 1996.” 
Cal. Civ. Code § 1798.145
(c)(1)(A) (West 2024). However, because the Complaint alleges the 
breach of non-medical PII such as names, social security numbers, dates of 
birth, and non-medical patient data, (CAC ¶¶ 21, 47, 394), this dismissal is not 
fatal to the CCPA claim.                                                
 L.  California Unfair Competition Law (Count XIII)                   
   The  California  Unfair  Competition  Law  (“UCL”)  prohibits  “unfair 
competition,” which includes “any unlawful, unfair or fraudulent business act 

or practice.” 
Cal. Bus. & Prof. Code § 17200
 (West 2024). Those three types of 
acts or practices are independent sources of liability under the UCL.   
          , 
567 F.3d 1120, 1127
 (9th Cir. 2009) (citation omitted). The 
California Plaintiffs17 allege violations of the unlawful and unfair prongs 


   17 In response to extraterritoriality concerns from Young Consulting, 
                           56                                         
against both Blue Shield and Young Consulting. (CAC ¶ 413; Pls.’ Joint Resp. 
Br. in Opp’n to Defs.’ Mot. to Dismiss, at 42.) The Defendants advance a variety 
of  arguments,  which  the  Court  addresses  in  turn.  Ultimately,  the  Court 

dismisses the UCL claim as to Young Consulting but not as to Blue Shield, and 
it dismisses the UCL claim to the extent it is premised on a violation of the 
California Consumer Privacy Act.                                        
   1.  UCL Standing                                                   
   The UCL authorizes suit by persons who “ha[ve] suffered injury in fact 
and ha[ve] lost money or property as a result of the unfair competition.” 
Cal. Bus. & Prof. Code § 17204
 (West 2024). According to the Defendants, the 
California Plaintiffs have failed to allege the loss of money or property and thus 
have no statutory standing. (Br. in Supp. of Def. Young Consulting’s Mot. to 
Dismiss, at 16–17; Br. in Supp. of Def. Blue Shield’s Mot. to Dismiss, at 20–
21.) The Plaintiffs respond by pointing to alleged damages such as future credit 
monitoring and other anti-theft costs, loss of the benefit of the bargain (through 
overpaying for Defendants’ services, which should have but did not include 

“adequate data security”), the diminution of value of their PII/PHI, and loss of 
privacy in their PII/PHI. (CAC ¶¶ 428, 424.) As evident by the parties’ briefs, 

(Br. in Supp. of Def. Young Consulting’s Mot. to Dismiss, at 33), the Plaintiffs 
clarify in briefing that the Complaint brings a UCL claim only on behalf of the 
California Plaintiffs (Desley-Bloom, Montero, and Murillo). (Pls.’ Joint Resp. 
Br. in Opp’n to Defs.’ Mots. to Dismiss, at 42.) The Court construes the UCL 
claim accordingly.                                                      
                           57                                         
courts differ on how they treat these various theories of injury. But California 
courts generally appear to agree—and this Court is persuaded—that the loss 
of the benefit of the bargain is an injury sufficient to establish lost money or 

property under the UCL.   ,                                             
   , 
313 F. Supp. 3d 1113, 1131
 (N.D. Cal. 2018);                     
         , 
66 F. Supp. 3d 1197, 1224
 (N.D. Cal. 2014) (“Plaintiffs can 
establish UCL standing by alleging they paid more than they actually valued 
the  product.”  (citing                   ,  
51 Cal. 4th 310, 330
    
(2011))). The Court therefore finds that the California Plaintiffs satisfy the 

UCL’s standing requirements.                                            
   2.  CCPA as a Predicate Violation                                  
   Following argument from Young Consulting, the Plaintiffs concede that 
their UCL claim cannot be predicated on a violation of the California Consumer 
Privacy Act standing alone. (Pls.’ Joint Resp. Br. in Opp’n to Defs.’ Mots. to 
Dismiss, at 43 n.17.) The Court agrees the UCL claim must be dismissed to the 
extent it’s based on a CCPA violation. 
Cal. Civ. Code § 1798.150
(c) (West 2025) 

(“Nothing in this title shall be interpreted to serve as the basis for a private 
right of action under any other law.”);      , 
2021 WL 3191752
,         
at *7 (N.D. Cal. July 28, 2021) (dismissing the UCL claim to the extent it is 
based on a violation of the CCPA because the CCPA “on its face states that 
consumers may not use [the statute] as a basis for a private right of action 

                           58                                         
under any statute” (citation omitted)).                                 
   3.  Young Consulting                                               
   The reach of California’s UCL is limited by the “presumption against 

exterritoriality,” meaning it will not apply to conduct occurring outside of 
California.                    , 
51 Cal. 4th 1191, 1207
 (2011) (“[T]he  
presumption against extraterritoriality applies to the UCL in full force.”).18 
The key inquiry is whether the “liability-creating conduct occurs outside of 
California.”                    , 
889 F.3d 1075, 1079
 (9th Cir. 2018).  
   The  Court  dismisses  the  UCL  claim  against  Young  Consulting  on 

extraterritoriality grounds. Young Consulting’s principal place of business is 
Georgia,  so  it  presumably  implemented  (or  failed  to  implement)  security 
measures in Georgia, where its servers and all of the compromised data were 
presumably  located.  The  Plaintiffs  argue  that  the  UCL  applies  to  Young 
Consulting because “the conduct giving rise to the claims occurred at least in 
part  in  California,  where  Blue  Shield  is  headquartered  and  where  key 
decisions regarding vendor oversight, data transmission to Young Consulting, 

and data-security practices were made.” (Pls.’ Joint Resp. Br. in Opp’n to Defs. 
Mots. to Dismiss, at 42.) While these allegations suggest that Blue Shield may 
have made poor data security decisions in California, they do not plausibly 


   18 Young Consulting does not argue that this presumption applies to the 
other California statutory claims alleged against it, so the Court does not 
consider whether it does.                                               
                           59                                         
plead that Young Consulting made security-related decisions in California, 
failed  to  properly  secure  data  in  California,  or  otherwise  engaged  in 
liability-creating conduct in California. Other courts have held the same on 

similar facts.    ,                                   , 
631 F. Supp. 3d 573
, 596 (N.D. Ill. 2022) (dismissing the California UCL claim for 
failure  to  allege  the  defendants’  poor  security  measures  “emanated  from 
California,” as opposed to Illinois where the defendants’ internal servers were 
presumably  located  and  attacked);                  ,  
2024 WL 2965642
, at *11 (W.D. Ky. June 12, 2024) (dismissing the UCL claim   

because the defendant “is headquartered out of state and all relevant conduct 
leading to the data breach, and, presumably, the data breach itself, is alleged 
to have taken place in Kentucky”). The UCL claim is therefore dismissed 
against Young Consulting, and the Court does not consider Young Consulting’s 
alternative grounds for dismissal.                                      
   4.  Blue Shield                                                    
   Beyond  the  UCL  arguments  already  addressed  above,  Blue  Shield 

advances  two  additional  grounds  for  dismissal.  First,  it  claims  that  the 
Complaint fails to “plead specific facts” showing how the company violated the 
UCL’s unlawful and unfair prongs. (Br. in Supp. of Def. Blue Shield’s Mot. to 
Dismiss, at 19–20.) Second, the company seeks dismissal because the Plaintiffs 
“have an adequate legal remedy . . . through their negligence and contract 

                           60                                         
claims” and thus cannot access the equitable remedies afforded by the UCL. 
(   at 21.)                                                             
   These arguments are unavailing. The Complaint pleads sufficient facts 

as to Blue Shield’s unlawful business practices. The unlawful prong “prohibits 
anything that can properly be called a business practice and that at the same 
time is forbidden by law.”                                              
        , 
613 F. Supp. 3d 1284
, 1303 (S.D. Cal. 2020) (quoting  , 
66 F. Supp. 3d at 1225
). Allegations that a defendant violated “[a]lmost any law 
may serve as a basis for a UCL claim,” so long as those allegations “identify 

the particular section of the statute that was violated” and “describe[s] with 
reasonable particularity the facts supporting the violation.”   (quoting 
                , 
2010 WL 2486353
, at *6 (N.D. Cal. June 16, 2010)). As 
stated  elsewhere,  the  California  Plaintiffs  have  independently  alleged 
violations of several laws, including tort laws, the California Constitution, and 
California statutes. They do so with reference to specific statutory provisions 
and “reasonable particularity” as to Blue Shield. ( , CAC ¶¶ 37–38, 40, 

43, 73, 251–56, 258–63, 271–73, 282, 290, 348, 446.)                    
   The Complaint also pleads sufficient facts as to Blue Shield’s unfair 
business practices. The unfair prong prohibits “unfair” business practices, 
which  courts  have  identified  by  applying  either  a  “balancing”  test  and 
“tethering” test.                       , 
2025 WL 1140788
, at *10       

                           61                                         
(C.D.  Cal.  Feb.  28,  2025).  The  balancing  test  “weigh[s]  the  utility  of  the 
defendant’s conduct against the gravity of the harm to the alleged victim.” 
   , 613 F. Supp. 3d at 1303 (citing                  , 
691 F.3d 1152, 1169
  (9th  Cir.  2012)).  The  tethering  test  asks  whether  the 
defendant’s conduct “is ‘tethered’ to some legislatively declared policy.”  , 
2025 WL 1140788
, at 10. Several district courts weighing allegations similar 
to those in the present case—including false representations by the defendant 
of reasonable and appropriate data security measures and the large-scale 
breach of PII and PHI as a result of poor security and oversight—have declined 

to dismiss UCL claims under the balancing test at the pleading stage.  , 
 at 1304                          , 
2024 WL 4253198
, at *11 (D.       
Nev. Sept. 19, 2024). The Court follows suit and holds similarly. Blue Shield 
attempts to distinguish these cases because they concerned “breaches of [the 
defendants’] own systems,” (Reply Br. in Supp. of Def. Blue Shield’s Mot. to 
Dismiss, at 12 [Doc. 58]), but that is a distinction without a difference. The 
gravity of the harm is not lessened by the fact that Blue Shield’s negligent 

oversight of its vendor’s systems allegedly caused the data breach. ( , 
CAC ¶ 37–38, 43.) Applying the tethering test would not alter this conclusion; 
as evidenced by the other claims in this case, the California Constitution and 
“numerous California statutes . . . reflect California’s public policy of protecting 
consumer data.”    , 
2025 WL 1140788
, at *10.                           

                           62                                         
   Blue Shield’s remedies argument fares no better. The UCL authorizes 
recovery in the form of restitution and injunctive relief.              
                                  , 
903 F. Supp. 2d 942, 970
 (S.D.    

Cal.  2012).  Because  these  remedies  are  equitable  in  nature,  a  plaintiff 
generally  must  show  the  lack  of  an  adequate  remedy  at  law  in  order  to 
establish this claim.                     , 
971 F.3d 834, 844
 (9th      
Cir. 2020). However, at the pleading stage, the Plaintiffs may assert claims in 
the alternative, including those involving remedies at law and equity.  
           , 
668 F. Supp. 3d 881
, 894–97 (N.D. Cal. 2022) (allowing the 

UCL  claim  to  proceed  in  the  alternative  notwithstanding  existing  claims 
involving remedies at law, and limiting  ’s applicability because that  
case occurred “on the eve of trial” rather than at the pleading stage). The only 
case that Blue Shield cites in its favor is  , but California district courts 
have limited the applicability of that case at the pleading stage.  ,   
     , 668 F. Supp. 3d at 896;                      , 
651 F. Supp. 3d 1111
, 1129 (N.D. Cal. 2023) (“A number of district courts since   

have concluded that it has minimal application at the pleading stage.”). 
 M. California Confidentiality of Medical Information Act (Count XIV) 
   The California Plaintiffs allege a violation of California’s Confidentiality 
of Medical Information Act against Blue Shield and Young Consulting. The 
CMIA imposes liability on “[a]ny provider of health care, health care service 

                           63                                         
plan, . . . or contractor who negligently creates, maintains, preserves, stores, 
abandons,  destroys,  or  disposes  of  medical  information.”  
Cal. Civ. Code § 56.101
 (West 2024);     § 56.36 (West 2024) (providing for actual and 

statutory damages). It also prohibits any “provider of health care, health care 
service plan . . . or contractor” from “disclos[ing] medical information regarding 
a patient of the provider of health care or an enrollee or subscriber of a health 
care service plan without first obtaining an authorization.”   § 56.10(a) (West 
2024).                                                                  
   The Defendants seeks dismissal of both the section 56.101 and 56.10(a) 

claims. As to section 56.101, both Defendants argue that the Complaint fails 
to  plausibly  allege  that  “an  unauthorized  person”  actually  “viewed”  the 
Plaintiffs’ medical information or that the alleged viewing resulted from the 
Defendants’ negligence. (Br. in Supp. of Def. Blue Shield’s Mot. to Dismiss, at 
23 (first citing                 , 
227 Cal. App. 4th 1546, 1555
 (Cal.   
Ct. App. 2014); and then citing                         , 
220 Cal. App. 4th 549, 564
 (Cal. Ct. App. 2013)); Br. in Supp. of Def. Young 

Consulting’s Mot. to Dismiss, at 40–41.) As to section 56.10(a), Blue Shield 
argues that it did not “disclose” the Plaintiffs’ medical information within the 
meaning  of  the  statute  because  it  did  not  “affirmative[ly]”  disclose  the 
information; rather, a third-party stole the information. (  at 21–22.) 


                           64                                         
   The  Court  quickly  disposes  with  the  Plaintiffs’  CMIA  claim  under 
section 56.10(a).  The  Plaintiffs  concede  that  section 56.10(a)  governs 
affirmative disclosures, which are inapplicable to the Defendants. (Pls.’ Joint 

Resp. Br. in Opp’n to Defs.’ Mots. to Dismiss, at 46 n.19.) The Court agrees; the 
Plaintiffs’ data was allegedly stolen rather than affirmatively shared by the 
Defendants. The section 56.10(a) claim is therefore dismissed.          
   As  to  the  section 56.101  claim,  the  Court  denies  dismissal.  The 
California Supreme Court recently rejected the “actually viewed” criterion 
espoused  by  the  Defendants  and  set  out  by    and  .              

               , 
19 Cal. 5th 705
, 720–21 (2026). It held that “the key 
criterion” for a section 56.101 claim is “whether the [medical] information is 
exposed to a significant risk of unauthorized access or use,” not whether the 
information “is actually viewed by an unauthorized person.”   at 721;   
 at 722 (“[A]n ‘actually viewed’ standard would pose difficult problems of 
pleading and proof. Victims of data breaches are unlikely to know what an 
unauthorized party has done with their data unless they suffer actual damages 

. . .”). Here, the Plaintiffs allege that a ransomware group stole their medical 
information and posted it on the dark web for over a year, with a “a directory 
listing each stolen file by name.” (CAC ¶¶ 44–57.) They further point to Young 
Consulting and Blue Shield’s notice letter, which stated that “an unauthorized 
actor gained access to [Young Consulting’s] network . . . and downloaded copies 

                           65                                         
of certain files.” (  ¶ 46.) Given the wrongful download of the Plaintiffs’ 
medical information, the prolonged availability of the information on a public 
internet platform, and the Court’s duty to construe the allegations in the light 

most favorable to the Plaintiffs, the Court finds it plausible that the data 
breach created a “significant risk of unauthorized access [to] or use [of]” the 
Plaintiffs’ medical information.  , 19 Cal. 5th at 723.                 
   Other courts have made similar inferences, albeit before the California 
Supreme Court opinion clarified the CMIA standard.  ,  , 501 F.         
Supp. 3d at 923–24 (“Given that Plaintiffs allege that Inmediata posted their 

information  on  the  internet,  making  it  searchable,  findable,  viewable, 
printable, copiable, and downloadable by anyone in the world with an internet 
connection, it can be reasonably inferred that someone viewed it.” (citation 
omitted));                             , 
2024 WL 3678984
, at *14        
(E.D. Pa. Aug. 6, 2024) (inferring that the plaintiffs’ data “had been wrongfully 
viewed or accessed” based on allegations that a ransomware group posted and 
sold the data on the dark web and that the defendants’ notice letter stated that 

the group “accessed” the files).                                        
 N. California Customer Records Act (Count XV)                        
   The  California  Plaintiffs  allege  two  violations  of  the  California 
Customer  Records  Act  (“CCRA”)  against  Blue  Shield,  pursuant  to  
sections 1798.81.5(b)  and  1798.82(a)(1)  of  the  California  Civil  Code. 

                           66                                         
Section 1798.81.5(b)  provides  that  “[a]  business  that  owns,  licenses,  or 
maintains personal information about a California resident shall implement 
and maintain reasonable security procedures and practices appropriate to the 

nature  of  the  information,  to  protect  the  personal  information  from 
unauthorized access, destruction, use, modification, or disclosure.” 
Cal. Civ. Code § 1798.81.5
(b) (West 2024). At the time of the breach, section 1798.82(a) 
provided that “[a] . . . business that conducts business in California, and that 
owns or licenses computerized data that includes personal information, shall 
disclose  a  breach  of  the  security  of  the  system  following  discovery  or 

notification of the breach in the security of the data to a resident of California 
[ ] whose unencrypted personal information was, or is reasonably believed to 
have been, acquired by an unauthorized person.”   § 1798.82(a) (West 2024). 
That version of the CCRA generally required disclosure “in the most expedient 
time possible and without unreasonable delay.”19   (noting exceptions for law 
enforcement involvement). The CCRA creates a private right of action to any 
“customer” injured by a business’s failure to comply with the statute.   

§ 1798.84(b) (West 2024). The statute defines a “customer” as “an individual 
who provides personal information to a business for the purpose of purchasing 


   19 This language was effective through December 31, 2025. The Court 
notes that the California legislature has since revised the language to require 
disclosure within thirty calendar days. 
Cal. Civ. Code § 1798.82
(a)(2)(A) (West 
2026).                                                                  
                           67                                         
or leasing a product or obtaining a service from the business.”   § 1798.80(c) 
(West 2024). According to the Plaintiffs, they were Blue Shield customers who 
were harmed by the company’s failure to “implement and maintain reasonable 

security procedures,” (CAC ¶¶ 89, 92, 458), and provide timely and sufficient 
notice of the breach, (  ¶465–66).                                      
   Blue Shield seeks dismissal on four grounds. First, the company argues 
that  the  California Plaintiffs  are  not  “customers”  because  “the  Complaint 
pleads  (at  most)  a  transactional  relationship  between  Blue  Shield  and 
nonparty  employers/plan  sponsors  . . .  ,  not  that  Plaintiffs  went  into  the 

marketplace to . . . obtain a service from Blue Shield.” (Br. in Supp. of Def. Blue 
Shield’s  Mot.  to  Dismiss,  at  24.)  Second,  the  company  argues  that  the 
Complaint fails to plead facts as to its supposed failure to “implement and 
maintain reasonable security procedures” under section 1798.81.5(b). (  at 
24.) Third, Blue Shield suggests that Young Consulting’s notice letter satisfied 
its notice obligations and that the Complaint nonetheless fails to allege how 
the notice was “untimely or inaccurate.” (Br. in Supp. of Def. Blue Shield’s Mot. 

to Dismiss, at 24–25.) Fourth, the company contends that the “Plaintiffs also 
fail to allege the required incremental harm resulting from any purported 
delay.” (  at 25.)                                                      
   Finding that each of these grounds fail, the Court denies Blue Shield’s 
Motion to Dismiss this CCRA claim. As an initial matter, the Plaintiffs have 

                           68                                         
alleged that they are “customers” within the meaning of the CCRA. CCRA  
customers  include  “individual[s]  who  provide[ ]  personal  information  to  a 
business for the purpose of . . . obtaining a service from the business.” 
Cal. Civ. Code § 1798.80
(c) (West 2024). Here, the California Plaintiffs allege that they 
provided  their  personal  information  to  Blue  Shield  to  obtain  its  health 
insurance services. (CAC ¶¶ 124, 132, 156.) That the Plaintiffs obtained these 
insurance services via an employer-sponsored plan does not change this fact, 
contrary to Blue Shield’s position, (Reply Br. in Supp. of Def. Blue Shield’s Mot. 
to Dismiss, at 14–15). The Court is further unpersuaded by Blue Shield’s 

reliance on                         , 
742 F. Supp. 3d 1304
 (N.D. Ga.    
2024) to argue that the Plaintiffs are not customers. (Br. in Supp. of Def. Blue 
Shield’s Mot. to Dismiss, at 23–24.)   is inapposite as to Blue Shield  
since it did not concern a healthcare provider but rather an “information 
technology company” that received the plaintiffs’ information in the course of 
providing software services to healthcare providers.   at 1313. In that case, 
this Court held that the plaintiffs were not customers of the software company 

because the plaintiffs “did not provide their private information to NextGen in 
exchange for NextGen’s software” but rather provided their information to 
their healthcare provider in exchange for its services.   at 1321;      
                          , 
713 F. Supp. 3d 623
, 629 (N.D. Cal. 2024) 
(dismissing a CCRA claim against a software company on similar grounds). 

                           69                                         
   The Court easily dispenses with the remaining three arguments. The 
Plaintiffs have adequately pleaded that Blue Shield failed to implement and 
maintain reasonable oversight of its vendor’s security procedures. (CAC ¶¶ 37, 

73.) As to delayed notice, the Court is satisfied with the Plaintiff’s allegations 
of a four-month delay between discovery of the breach and notice, (  ¶ 3), 
which plausibly speaks to unreasonable delay.    , 567 F. Supp.         
3d at 1150 (declining to dismiss a CCRA claim where the plaintiffs alleged a 
three-month delay). Lastly, the Plaintiffs have plausibly pleaded incremental 
harm in so far as they were prevented from taking timely protective measures 

to avoid harm. (CAC ¶¶ 122, 467.)                                       
                      IV.  Conclusion                                 
   For the reasons set forth above, the Court GRANTS in part and DENIES 
in  part  Defendant  California  Physicians’  Service’s  d/b/a  Blue  Shield  of 
California Motion to Dismiss [Doc. 43] and GRANTS in part and DENIES in 
part Defendant Young Consulting, LLC’s d/b/a Connexure Motion to Dismiss 
[Doc. 45]. The Court GRANTS Defendant Blue Shield’s Motion to Dismiss   

[Doc. 43] as to Count VII (breach of fiduciary duty), Count XI (declaratory and 
injunctive relief) to the extent the Amended Complaint seeks a declaration 
regarding the Defendants’ duties to safeguard and notify and their past breach 
of these duties, Count XII (California Consumer Privacy Act), and Count XIV 
(California  Confidentiality  of  Medical  Information  Act)  as  to  violations  of 

                           70                                         
section 56.10(a).   The Court GRANTS Defendant Young Consulting’s Motion to 
Dismiss  [Doc. 45]  as  to  Count VI  (breach  of  fiduciary  duty),  Count XI 
(declaratory and injunctive relief) to the extent the Amended Complaint seeks 
a  declaration regarding the  Defendants’  duties to  safeguard and notify and 
their past breach of these duties, Count XII (California Consumer Privacy Act), 
Count XIII  (California Unfair Competition Law),  and Count XIV (California 
Confidentiality of Medical Information Act) as to violations of section 56.10(a). 
The Court DENIES the Motions as to all other relief requested therein. 
    SO ORDERED, this     15th     day of September, 2026. 

                                       A  termcen.       Fehon    
                                        THOMAS W. THRASH, JR. 
                                        United States District Judge 

                                 71