Cook County Record

Thursday, December 5, 2019

Online vape seller Thesy accused of lackluster security after data breach

Lawsuits

By Charmaine Little | Aug 2, 2019

Vapeoffice

CHICAGO -- Victims of a data breach filed suit July 18 against the vape company Thesy LLC in Cook County Circuit Court, alleging failure to properly secure information.

Arthur Tyksinski led the class action and said his personal information was compromised because Thesy did not employ a sustainable cybersecurity “prevention, detection and response” protocol when selling its products online, according to the lawsuit. Ultimately, Tyksinski alleges Thesy did not properly store consumers’ credit card and payment details with certain precautions, making it easier to be hacked. 

The lawsuit alleges the information was compromised for more than six months before it was detected. Tyksinski also said the defendant failed to notify him and other customers about the breach until about four months later.

“To this day, the plaintiff continues to rely on his own efforts to monitor and assess the extent to which is valuable [personal information], including credit card and payment information, was compromised due to defendant’s inadequate data breach notification procedures,” the lawsuit said.

Tyksinksi argues he would not have have purchased items on Thesy if he knew about the company’s “inadequate” online security methods. He said this breach has made him more accessible to identity theft and being a victim of fraud.

Tyksinksi and the class allege violation of the Illinois Consumer Fraud and Deceptive Business Practices Act and breach of contract. The lawsuit asks the court to approve a class action; award compensatory, punitive and statutory damages; order for Thesy to boost its security measures; and award attorney fees.

Plaintiffs are represented by attorneys David L. Gerbie and Timothy P. Kingsbury, of McGuire Law P.C., of Chicago.

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Organizations in this Story

McGuire Law PCCircuit Court of Cook County

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