In re Marriott International, Inc. Customer Data Security Breach Litigation

440 F. Supp. 3d 447 (2020)

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In re Marriott International, Inc. Customer Data Security Breach Litigation

United States District Court for the District of Maryland
440 F. Supp. 3d 447 (2020)

SC

Facts

In 2018, Marriott International, Inc. (Marriott) (defendant) was the subject of a massive data breach of its guest-reservation system. Certain Marriott guests (the guests) (plaintiffs) alleged that they provided their personal information to stay at a Marriott hotel and that their personal information was stolen in the breach. The guests sued Marriott for breach of contract, among other things. One guest, Ropp, asserted a claim for breach of implied contract. According to the guests, prior to the breach, Marriott had a privacy statement detailing various ways in which an individual would become subject to the privacy policy’s terms and conditions, including logging on to Marriott’s website, using any Marriott services, receiving an email with a link to the statement, and staying at a Marriott hotel. The privacy statement contained various ways that Marriott would protect the personal information of these individuals. Marriott filed a motion to dismiss, arguing that the guests did not properly allege the formation of a contract because they did not allege that they read or understood the privacy statement.

Rule of Law

Issue

Holding and Reasoning (Grimm, J.)

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