SPG Law, the UK arm of US law giant Sanders Phillips Grossman, has today launched a £500m Group Action against British Airways Plc following BA’s announcement on Friday September 7th that nearly 400,000 customers’ personal and financial data was compromised in one of the UK’s most serious data breaches ever.
SPG Law has launched the Group Action following BA’s failure to offer financial compensation to individuals affected by the data breach for the inconvenience, distress and misuse of their private information. Although BA has offered to compensate individuals for direct financial losses, it has not agreed to pay compensation for non-material damage despite being liable to do so under the Data Protection Act 2018 and the General Data Protection Regulation (“GDPR”) which came into force in May 2018.
SPG Law Partner Tom Goodhead commented that: “Unfortunately, this is the latest in a number of catastrophic failures in BA’s IT systems. Unlike previous failures, however, this data breach has caused serious inconvenience and distress to nearly 400,000 people. BA are liable to compensate for non-material damage under the Data Protection Act 2018 and SPG Law will hold them to account.”
SPG Law estimates that each affected person may be able to claim up to £1,250 in compensation against BA. SPG Law believes that a significant aggravating factor in this case will be that all affected persons’ credit card details were current at the time of the breach.
SPG Law has today sent a Letter Before Action to BA inviting the airline to begin settlement discussions. The letter further states that should BA not seek to settle with SPG Law’s clients, SPG Law will apply for a Group Litigation Order, in order to allow the courts to manage a large number of similar claims together.
SPG Law’s US sister law firms have acted successfully in some of the largest data breach cases in the USA against companies including Yahoo, Wendy’s, Target and Anthem.