Feb 19, 2020 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making individuals aware of the following data breach cases of unsecured protected health information affecting 500 or more individuals currently under investigation by the U.S. Department of Health and Human Services, Office for Civil Rights:
Name of Covered Entity |
State |
Covered Entity Type |
Individuals Affected |
Breach Submission Date |
Type of Breach |
Location of Breached Information |
Today’s Vision Willowbrook (acquired by Capital Vision Services d/b/a MyEyeDr. (MED Southwest PLLC) |
VA |
Healthcare Provider |
7983 |
02/13/2020 |
Improper Disposal |
Paper/Films |
Overlake Medical Center & Clinics |
WA |
Healthcare Provider |
109000 |
02/07/2020 |
Hacking/IT Incident |
Email |
Shields Health Solutions |
MA |
Business Associate |
1277 |
02/07/2020 |
Hacking/IT Incident |
Email |
Vision Care Specialists, P.C. a part of MyEyeDr. Optometry of Colorado, P.C. |
VA |
Healthcare Provider |
1475 |
02/07/2020 |
Hacking/IT Incident |
Network Server |
Health Share of Oregon |
OR |
Health Plan |
654362 |
02/05/2020 |
Theft |
Laptop |
Arizona Pain and Spine Institute |
AZ |
Healthcare Provider |
530 |
02/03/2020 |
Theft |
Laptop |
Iredell-Statesville Schools Board of Eduction |
NC |
Health Plan |
959 |
02/03/2020 |
Hacking/IT Incident |
Email |
Original Medicare |
MD |
Health Plan |
9965 |
01/31/2020 |
Unauthorized Access/Disclosure |
Other |
MHMR Tarrant County |
TX |
Healthcare Provider |
6524 |
01/31/2020 |
Hacking/IT Incident |
Email |
Hospital Sisters Health System |
IL |
Healthcare Provider |
16167 |
01/31/2020 |
Hacking/IT Incident |
Email |
Lake County Behavioral Health Services |
CA |
Healthcare Provider |
1178 |
01/31/2020 |
Theft |
Paper/Films |
Virginia Department of Medical Assistance Services |
VA |
Health Plan |
6120 |
01/31/2020 |
Hacking/IT Incident |
Electronic Medical Record, Network Server |
Robert S. Smith MD Inc DBA Boston Scientific Pathology |
GA |
Healthcare Provider |
6940 |
01/31/2020 |
Unauthorized Access/Disclosure |
Paper/Films |
Jefferson Center for Mental Health |
CO |
Healthcare Provider |
1319 |
01/30/2020 |
Theft |
Paper/Films |
Personal Touch Home Services of Dallas, Inc. |
TX |
Healthcare Provider |
1700 |
01/28/2020 |
Hacking/IT Incident |
Other |
Central Kansas Orthopedic Group, LLC |
KS |
Healthcare Provider |
17214 |
01/28/2020 |
Hacking/IT Incident |
Network Server |
Iowa Department of Human Services |
IA |
Health Plan |
4501 |
01/27/2020 |
Improper Disposal |
Paper/Films |
Beaumont Health |
MI |
Healthcare Provider |
1182 |
01/24/2020 |
Unauthorized Access/Disclosure |
Electronic Medical Record |
Cedarbrook Senior Care and Rehabilitation / County of Lehigh |
PA |
Healthcare Provider |
688 |
01/24/2020 |
Unauthorized Access/Disclosure |
Email |
Lafayette Regional Rehabilitation Hospital |
IN |
Healthcare Provider |
1360 |
01/24/2020 |
Hacking/IT Incident |
Desktop Computer, Email, Other |
Cook County Health |
IL |
Healthcare Provider |
2713 |
01/24/2020 |
Unauthorized Access/Disclosure |
Network Server |
Village Senior Services Corporation d/b/a VillageCareMAX |
NY |
Health Plan |
2645 |
01/24/2020 |
Hacking/IT Incident |
Email, Other |
Village Center for Care d/b/a VillageCare Rehabilitative and Nursing Center |
NY |
Healthcare Provider |
674 |
01/24/2020 |
Hacking/IT Incident |
Email, Other |
Manchester Ophthalmology, LLC |
CT |
Healthcare Provider |
6846 |
01/24/2020 |
Hacking/IT Incident |
Network Server |
REVA, INC. |
FL |
Healthcare Provider |
1000 |
01/22/2020 |
Hacking/IT Incident |
Email |
UnitedHealth Group Health Plan Single Affiliated Covered Entity |
MN |
Health Plan |
934 |
01/22/2020 |
Unauthorized Access/Disclosure |
Paper/Films |
Solara Medical Supplies, LLC |
CA |
Healthcare Provider |
1531 |
01/17/2020 |
Unauthorized Access/Disclosure |
Paper/Films |
Fondren Orthopedic Group L.L.P. |
TX |
Healthcare Provider |
30049 |
01/17/2020 |
Hacking/IT Incident |
Network Server |
Roper St. Francis Healthcare |
SC |
Healthcare Provider |
1634 |
01/17/2020 |
Improper Disposal |
Paper/Films |
Phoenix Children’s Hospital |
AZ |
Healthcare Provider |
1860 |
01/14/2020 |
Hacking/IT Incident |
Email |
Children’s Hope Alliance |
NC |
Healthcare Provider |
4564 |
01/14/2020 |
Hacking/IT Incident |
Email |
PIH Health |
CA |
Healthcare Provider |
199548 |
01/10/2020 |
Hacking/IT Incident |
Email |
Spectrum Healthcare Partners |
ME |
Healthcare Provider |
11308 |
01/10/2020 |
Hacking/IT Incident |
Email |
InterMed, PA |
ME |
Healthcare Provider |
33000 |
01/08/2020 |
Hacking/IT Incident |
Email |
CAH Holdings, Inc. |
AL |
Business Associate |
1158 |
01/06/2020 |
Hacking/IT Incident |
Email |
RCM Enterprise Services, Inc. |
FL |
Business Associate |
5965 |
01/06/2020 |
Unauthorized Access/Disclosure |
Paper/Films |
Native American Rehabilitation Association of the Northwest, Inc. |
OR |
Healthcare Provider |
25187 |
01/03/2020 |
Hacking/IT Incident |
Email |
Douglas County Hospital dba Alomere Health |
MN |
Healthcare Provider |
49351 |
01/03/2020 |
Hacking/IT Incident |
Email |
Lawrenceville Internal Medicine Assoc, LLC |
NJ |
Healthcare Provider |
8031 |
01/02/2020 |
Unauthorized Access/Disclosure |
Email |
Source: Ocrportal.hhs.gov (Accessed 02.19.2020)
NOTE: The U.S. Department of Health and Human Services, Office for Civil Rights, Breach Portal, lists all breaches reported within the last 24 months that are currently under investigation by the Office for Civil Rights. The data reported herein does not include all cases currently under investigation by the Office for Civil Rights. Resolved data breach reports and/or reports older than 24 months can be viewed at Ocrportal.hhs.gov.
Have You Been Impacted by A Data Breach?
If so, please either contact Kehoe Law Firm, P.C. Partner Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form on the right or send an e-mail to [email protected] for a free, no-obligation case evaluation of your facts to determine whether your privacy rights have been violated and whether there is a basis for a data privacy class action.
Examples of the type of relief sought by data privacy class actions, include, but are not limited to, reimbursement of identity theft losses and of out-of-pocket costs paid by data breach victims for protective measures such as credit monitoring services, credit reports, and credit freezes; compensation for time spent responding to the breach; imposition of credit monitoring services and identity theft insurance, paid for by the defendant company; and improvements to the defendant company’s data security systems.
Data privacy class actions are brought on a contingent-fee basis; thus, plaintiffs and the class members do not pay out-of-pocket attorney’s fees or litigation costs. Subject to court approval, attorney’s fees and litigation costs are derived from the recovery obtained for the class.
Feb 19, 2020 | Shareholder & Investor Protection
Kehoe Law Firm, P.C. is making investors aware that on February 19, 2020 the SEC announced charges against against alcohol producer Diageo plc (“Diageo”) for failing to make required disclosures of known trends relating to the shipments of unneeded products by its North American subsidiary to distributors. Diageo has agreed to pay $5 million to settle the action.
According to the SEC’s order, employees at Diageo North America (“DNA”), Diageo’s largest and most profitable subsidiary, pressured distributors to buy products in excess of demand in order to meet internal sales targets in the face of declining market conditions. The resulting increase in shipments enabled Diageo to meet performance targets and to report higher growth in key performance indicators that were closely followed by investors and analysts.
The SEC’s order found that Diageo failed to disclose the trends that resulted from shipping products in excess of demand, the positive impact the overshipping had on sales and profits, and the negative impact that the unnecessary increase in inventory would have on future growth. The order further found that investors were instead left with the misleading impression that Diageo and DNA were able to achieve growth in certain key performance indicators through normal customer demand for Diageo’s products.
The SEC’s order found that Diageo violated the antifraud provisions of Section 17(a)(2) and (3) of the Securities Act of 1933, as well as certain reporting provisions of the federal securities laws. Without admitting or denying the findings in the SEC’s order, Diageo agreed to cease and desist from further violations and to pay a $5 million penalty.
According to the Summary of the SEC’s order:
1. In its fiscal years 2014 and 2015, Diageo failed to make required disclosures of known trends and uncertainties, thereby rendering its required periodic filings materially misleading to investors with respect to its financial results. During those periods, employees at Diageo’s largest and most profitable subsidiary—Diageo North America, Inc. (“DNA”)— pressured distributors to buy products in excess of demand to meet performance targets in a flagging market. As a result, distributors in North America held substantial unneeded inventory, which was a known trend or uncertainty: the continued selling over demand was unsustainable because it was likely that distributors would purchase less product in future periods. Diageo’s periodic filings did not disclose these known trends and uncertainties to investors.
2. The DNA employees’ “overshipping” of certain products to counteract the impact of declining market conditions and to meet performance targets allowed Diageo to report higher growth in certain of its key performance indicators. These indicators included organic net sales growth and organic operating profit growth, financial metrics closely followed by investors and analysts. DNA’s overshipping was also a factor in causing Diageo or DNA to meet or surpass analysts’ expectations for these two metrics.
3. By early fiscal 2015, certain distributors’ inventory positions became unsustainable and they began pushing back on orders. In response, DNA designed and implemented, and Diageo approved, a plan to reduce inventory levels. Under newly agreed-to contractual terms with certain distributors, DNA planned to correct the elevated inventories over a period of years, principally through a reduction in shipments to distributors, a process known as “destocking.”
4. Diageo did not disclose the known trends and uncertainties created by DNA’s overshipping and elevated distributor inventory levels because it did not have sufficient procedures in place to consider whether DNA’s overshipping or distributor inventory builds were trends or uncertainties that needed to be disclosed. As a result, Diageo failed to disclose significant known trends and uncertainties in its 2014 and 2015 Forms 20-F. In particular, Diageo did not disclose DNA’s overshipments versus demand and the resulting distributor inventory levels; the positive impact those trends had on organic net sales and organic profit growth, and the negative impact they were reasonably likely to have on future sales; and the fact that they caused Diageo’s and DNA’s reported financial information to not be indicative of future operating results or financial condition. These omissions also rendered misleading certain statements the company made concerning its and DNA’s financial performance.
Source: SEC.gov
Feb 19, 2020 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filing:
Round Sky Inc., d/b/a Cashadvanceusa.net
Class action lawsuit filed February 17, 2020 in United States District Court, Southern District of California, against Round Sky, Inc., d/b/a Cashadvanceusa.net, and other defendants, as of yet unknown, for, allegedly, “negligently, knowingly, and/or willfully contacting Plaintiff on Plaintiff’s cellular telephone in violation of the Telephone Consumer Protection Act.”
According to the complaint, Round Sky, Inc., d/b/a Cashadvanceusa.net, “a marketing company,” utilized “an ‘automatic telephone dialing system’ . . . to place its call to Plaintiff [from (773) 869-0931] to solicit its services,” despite, allegedly, not having Plaintiff’s “‘prior express consent’ to receive calls using an automatic telephone dialing system or an artificial or prerecorded voice on [Plaintiff’s] cellular telephone.”
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.
Feb 19, 2020 | Consumer Protection, Employment & Technology Archive
Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filings:
Loanpal, LLC
Class action lawsuit filed on February 18, 2020 in United States District Court for the Central District of California, against Loanpal, LLC to, among other things, “stop [Loanpal’s alleged] practice of placing calls using an ‘automatic telephone dialing system’ . . . to the telephones of consumers nationwide without their prior express consent” and “stop [Loanpal] from calling consumers who are registered on the National Do Not Call Registry.”
According to the class action complaint, Loanpal, “a lending company that offers loans for home purchase, mortgage refinancing, home improvement, and solar installation,” in an effort “to promote its business and generate leads for its loan products . . . conducted (and continues to conduct) a wide scale telemarketing campaign that repeatedly makes unsolicited autodialed and/or pre-recorded calls to consumers’ telephones, as well as making such calls to consumers who are registered on the National Do Not Call list, all without any prior express consent to make these calls.”
The class action complaint alleges that the Plaintiff, whose cellular telephone number is registered on the National Do Not Call list, “received multiple phone calls from (818) 200-0320.” The Plaintiff, allegedly, has never consented to receiving calls from Loanpal and “has never provided any form of prior express written or oral consent to [Loanpal] to place autodialed calls to him and has no business relationship with [Loanpal].”
Cardenas Marketing Network, Inc.
Class action complaint filed on February 18, 2020 in United States District Court, Central District of California, against Cardenas Marketing Network, Inc. and other defendants, as of yet unknown, for, allegedly, “transmitting unsolicited, autodialed SMS or MMS text messages, en masse, to Plaintiff’s cellular device and the cellular devices of numerous other individuals across the country, in violation of the Telephone Consumer Protection Act.”
According to the class action complaint, “[f]or over at least the past year, continuing through the present, Defendants transmitted or caused to be transmitted, by itself or through an intermediary or intermediaries, numerous SMS or MMS text messages to the [Plaintiff’s cellular telephone number] without Plaintiff’s prior express written consent.”
Two examples in the complaint of text messages the Plaintiff received from telephone number (844) 629-4042, a telephone number, allegedly, leased by Cardenas Marketing Network or another defendant, as of yet unknown, or an agent or affiliate of one of the defendants, are as follows:
![(844) 629-4042](https://i0.wp.com/kehoelawfirm.com/wp-content/uploads/Text-Message-Example-1-197x300.jpg?resize=197%2C300)
![(844) 629-4042](https://i0.wp.com/kehoelawfirm.com/wp-content/uploads/TM2-174x300.jpg?resize=174%2C300)
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.
Feb 18, 2020 | Securities Class Action Archive
SEC Investigation of Fluor’s Past Accounting and Financial Reporting
Kehoe Law Firm, P.C. is making Fluor Corporation investors aware that on February 18, 2020, Fluor Corporation (“Fluor” or the “Company”) (NYSE: FLR) announced “. . . that the Securities and Exchange Commission . . . is conducting an investigation of the Company’s past accounting and financial reporting, and has requested documents and information related to projects for which [Fluor] recorded charges in the second quarter of 2019.”
Additionally, Fluor announced that
[i]n the course of responding to the SEC’s data requests and conducting our own internal review, the Company is reviewing its prior period reporting and related control environment. [Fluor] has not made a determination at this time as to whether there are prior period material errors in its financial statements, although such remains possible. Given the ongoing internal review and recent developments on two projects, [Fluor] does not expect to complete and file its annual report on Form 10-K prior to the end of February.
On this news, Fluor’s stock price dropped $4.70, or more than 24%, during intraday trading on February 18, 2020, thereby injuring Fluor investors.
Fluor Corporation Investors & Shareholders
If you purchased, or otherwise acquired, Fluor Corporation stock and have suffered losses on your investments, you are encouraged to contact either John Kehoe, Esq., (215) 792-6676, Ext. 801, [email protected], or Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], to discuss your potential legal rights.