Actuary Lawsuit Highlights Data Breach Risks

A financial services firm is accused of failing to properly secure and safeguard personally identifiable information provided by and belonging to its customers.

A lawsuit filed recently in the U.S. District Court for the Northern District of Georgia underscores the emerging set of cybersecurity risks facing the U.S. financial services and retirement planning industry.

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The lead plaintiff in the case says Horizon Actuarial Services LLC, a provider of actuarial and administrative services to retirement plans and other client types, failed to properly secure and safeguard sensitive personally identifiable information provided by and belonging to its customers. The types of data allegedly breached include names, dates of birth, health plan information and Social Security numbers.

According to the text of the lawsuit, and as detailed on Horizon Actuarial’s website, on or around November 12, 2021, the firm received an email from a group claiming to have stolen data from its computer servers on the two preceding days. Horizon, after conducting an internal investigation, paid the group in exchange for an “agreement that they would delete and not distribute or otherwise misuse stolen information.” As Horizon’s incident report spells out, the group provided a list of information they claimed to have stolen from Horizon’s servers, and on or about January 9, 2022, Horizon determined the information contained the sensitive information of individuals and prepared a preliminary list of individuals affected by the data breach.

“Defendant determined that the unauthorized actor accessed and exfiltrated the PII of more than 2,537,261 current and former Horizon customers, including that of plaintiff and class members,” the lawsuit states. “Despite learning of the Data Breach in November 2021, Horizon waited to begin informing class members until roughly January 13, 2022. Plaintiff did not receive his Notice of Data Incident from Horizon until April 14, 2022—more than five months after the data breach occurred.”

During this time, the lawsuit contends, the plaintiff and class members were unaware that their sensitive personal identifying information had been compromised. It states that, by “obtaining, collecting, using and deriving a benefit” from the proposed class of plaintiffs’ PII, Horizon “assumed legal and equitable duties to these individuals.” The lawsuit further claims that Horizon “admits that the unencrypted PII accessed and exfiltrated includes highly sensitive information, such as names, dates of birth, health plan information and Social Security numbers.”

“The exposed PII of defendant’s customers can be sold on the dark web and is in the hands of the group of criminals,” the complaint states. “Plaintiff and class members have no ability to protect themselves, as these criminals can easily access and/or offer for sale the unencrypted, unredacted PII to other criminals. Defendant’s customers face a lifetime risk of identity theft, which is heightened by the loss of their Social Security numbers.”

The lawsuit argues the PII in question was “compromised due to defendant’s negligent and/or careless acts and omissions and the failure to protect PII of defendant’s customers.” It argues the data was compromised as a result of the defendant’s failure to adequately protect the PII of the defendant’s customers and effectively secure hardware containing protected PII using reasonable and effective security procedures free of vulnerabilities.

“Defendant’s conduct amounts to negligence and violates federal and state statutes,” the lawsuit argues. “Plaintiff and class members have suffered numerous actual and imminent injuries as a direct result of the data breach, including theft of their PII; costs associated with the detection and prevention of identity theft; costs associated with time spent and the loss of productivity from taking time to  address and attempt to ameliorate, mitigate, and deal with the consequences of the data Breach; invasion of privacy; the emotional distress, stress, nuisance and annoyance of responding to, and resulting from, the data breach; the actual and/or imminent injury arising from actual and/or potential fraud and identity theft posed by their personal data being placed in the hands of the ill-intentioned hackers and/or criminals; damages to and diminution in value of their personal data entrusted to defendant with the mutual understanding that defendant would safeguard their PII against theft and not allow access to and misuse of their personal data by others; and the continued risk to their PII, which remains in the possession of defendant.”

On the company’s website, Horizon Actuarial contends that it “takes this incident and the security of information in our care very seriously.”

“We are reviewing our existing security policies and have implemented additional measures to further protect against similar incidents moving forward,” the firm says.

According to the Investment Company Institute, U.S. retirement plans held $37.4 trillion of investor assets at the end of 2021’s third quarter. Experts say that ocean of money—combined with the accounts’ valuable personal data and the multiple ways of accessing accounts remotely—makes retirement plans a natural target for thieves.

“As retirement plan advisers, we see phishing schemes, ransomware, social engineering attacks, email compromise and wire fraud,” warns David Graver, vice president of Fort Pitt Capital Group in Pittsburgh. “The last one really sticks out when specifically focusing on retirement accounts. Often, emails will be compromised, or online accounts hacked, and unauthorized loans or withdrawals will be requested from the account.”

Simply put, advisers, service providers and employers offering benefit plans must all be wary of cybersecurity risks and do their utmost to ensure they do not become victims of increasingly sophisticated and well-equipped cyberthieves.

The text of the complaint is available here.

Advisers Can Assist High-Net-Worth Investors With Reimagined Retirement

Across generations, investors with $5 million of investable assets have created a new retirement roadmap.

High-net-worth investors are redefining retirement, according to new data from Northern Trust Wealth Management. 

Northern Trust’s 2022 Wealth Planning Outlook Survey asked 250 respondents across generations—Millennials, Gen X, Baby Boomers and the Silent Generation—with at least $5 million of investable assets about their views on retirement. Pam Lucina, chief fiduciary officer and head of the trust and advisory practice at Northern Trust Wealth Management, is the report’s lead author. 

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The survey found that Millennial respondents report aspiring to retire earlier than other generations—between ages 35 and 44.

Across age groups, HNW investors plan to stay active in retirement by working, attending school and starting businesses.

Northern Trust surveyed non-retired full-time workers (68%), retirees (22%) and part-time workers (7%). The average respondent’s age was 51 years old. Overall, the respondents were 36% Gen X, 29% Millennials, 19% Silent Generation, 13% Baby Boomers, and 3% Gen Z; 69% of the respondents were male and 30% female.

Nearly half (48%) of investors of the investors had investable assets between $5 million and $10 million, while 28% had $10 million to $25 million, 15% had $25 million to $50 million and 9% had over $50 million. 

Digital Assets and ESG Investing

Half of the investors surveyed own cryptocurrency, with younger generations and the non-retired cohort significantly more likely to own digital assets than the retirees, the report found. Respondents with higher asset levels are also more likely to own cryptocurrency.

“Gen X and those not retired are the two groups that are more probable to purchase cryptocurrency in the next year,” the report states.

Respondents were also asked about their views on environmental, social and governance investing, and how important it is that investments factor in sustainability criteria.

Overall, 25% of investors have less than 10% of their investments in ESG funds. Additionally, 53% plan for their ESG investment exposure to remain the same, a position most prevalent among the Silent Generation and Baby Boomers.

Non-Retired Investors

The survey found that 58% of respondents will remain in the workforce instead of retiring when they stop their current work, and plan to work in consulting in their current profession or in a similar one. Among Millennials, 69% reported that they are planning to do so.

Outside of consulting, 43% of investors surveyed said they plan to invest in one or more businesses, 25% plan to start their own, and 20% plan to pivot to another professional area, Northern Trust found.

For Gen X respondents, the plans for retirement and career changes were different. Respondents expected to invest in at least one business. For the non-retired cohort, across ages, 32% plan to enter semi-retirement after age 55, while 28% plan to semi-retire at age 65 or older.

“[O]ne quarter [of those surveyed] plan to retire earlier,” between ages 35 and 54, the report states. “A small proportion report they have no plans or have not thought that far ahead.”

Retired Investors

The survey found that among retired respondents, most were able to contribute and invest for retirement and retire comfortably at the age of their choosing: two out of three respondents retired when planned, with an average retirement age of 58.

Concerning retired respondents’ activities since retiring, the survey found that 62% say they have had a leisurely retirement, 44% have volunteered, 16% have worked in consulting or in a similar profession, 13% have invested in one or more businesses, and 5% have started a business.

The survey also revealed that 76% of respondents would sell existing assets to secure an additional source of income if needed, 16% would take a personal loan, and 15% would rely on family and friends.

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