Posted in

Evolve Bank and Trust Data Breach Lawsuit

Evolve Bank

In late May 2024, Evolve Bank & Trust, a prominent financial institution based in West Memphis, Arkansas, experienced a significant cybersecurity incident that compromised the personal information of millions of individuals. This breach not only affected the bank’s direct customers but also those of its numerous financial technology (fintech) partners, leading to a series of legal challenges and heightened scrutiny.​

Details of the Data Breach

The breach was identified when Evolve’s systems began malfunctioning, initially suspected to be due to hardware failures. Subsequent investigations revealed unauthorized activity attributed to a ransomware attack by the cybercriminal group known as LockBit. The intrusion was traced back to an employee inadvertently clicking on a malicious link, granting the attackers access to sensitive data. Evolve promptly initiated its incident response protocols, halted the attack, and engaged cybersecurity specialists to assess the damage and restore services. The bank reported no new unauthorized activity post-May 31, 2024.

Scope of Compromised Data

Evolve Bank

The breach exposed a vast array of personally identifiable information (PII), including names, Social Security numbers, dates of birth, and account details. Notably, the incident impacted not only Evolve’s retail banking customers but also clients of its fintech partners, such as Affirm, Mercury, and Wise. These partners acknowledged that their customers’ data had been compromised due to the breach at Evolve.

Legal Actions and Consolidation

In the aftermath, multiple class action lawsuits were filed against Evolve Bank & Trust, alleging negligence in safeguarding customer data. Plaintiffs claimed that the bank failed to implement adequate security measures despite prior warnings from federal bank examiners in 2023 regarding vulnerabilities in its information security systems. By October 2024, 22 such lawsuits were consolidated into a multidistrict litigation (MDL) in the Western District of Tennessee, overseen by U.S. District Judge Sheryl H. Lipman. This consolidation aimed to streamline proceedings and address common factual questions arising from the breach. ​

Regulatory Scrutiny and Operational Challenges

The breach prompted regulatory bodies to scrutinize Evolve’s compliance programs. In June 2024, the Federal Reserve Board issued an enforcement action against the bank, citing deficiencies in its anti-money laundering, risk management, and consumer compliance programs. Additionally, Evolve faced operational challenges, notably freezing funds of certain fintech customers, including those of partners like Yotta and Juno, affecting access to over $100 million in customer accounts. This incident led to widespread frustration and media coverage, further tarnishing the bank’s reputation. ​

Impact on Customers and Fintech Partners

The breach had far-reaching consequences for both individual customers and fintech partners. Affected individuals faced heightened risks of identity theft and fraud, necessitating vigilant monitoring of financial accounts and credit reports. Fintech partners reliant on Evolve’s infrastructure had to address customer concerns, enhance their security measures, and, in some cases, reevaluate their partnerships to mitigate future risks.​

Evolve’s Response and Mitigation Efforts

In response to the breach, Evolve Bank & Trust took several steps to mitigate the damage and restore trust:​

  • Notification and Support: The bank notified affected individuals and offered resources such as credit monitoring services to help them protect their identities.​
  • Enhanced Security Measures: Evolve collaborated with cybersecurity experts to bolster its defenses, aiming to prevent future incidents.
  • Regulatory Compliance: The bank engaged with regulatory authorities to address identified deficiencies and implement recommended improvements in its compliance programs.​

Ongoing Legal Proceedings

As of March 2025, the consolidated class action lawsuits remain active. The court is in the process of addressing pretrial motions, with discovery phases underway. Affected customers are advised to stay informed about the proceedings and participate in the litigation as appropriate.​

Lessons Learned and Industry Implications

The Evolve Bank & Trust data breach underscores the critical importance of robust cybersecurity measures in the financial sector. Financial institutions must proactively identify and address vulnerabilities, provide comprehensive training to employees, and maintain transparent communication with customers and partners. Regulatory bodies are likely to intensify oversight, emphasizing the need for banks to adhere strictly to compliance standards to protect consumer data.​

Conclusion

The 2024 data breach at Evolve Bank & Trust serves as a stark reminder of the evolving threats facing financial institutions. The incident’s repercussions continue to unfold, highlighting the necessity for vigilance, robust security protocols, and a commitment to safeguarding customer information in an increasingly digital banking landscape.

Leave a Reply

Your email address will not be published. Required fields are marked *