Scott v. Graphic Center
Plaintiffs and appellants Michael D. Scott (Scott) and Earle W. Robitaille (Robitaille) (collectively, plaintiffs), individually and on behalf of all others similarly situated, appeal an order denying their motion for class certification of their action against defendants and respondents California Public Employees' Retirement System (CalPERS), Graphic Center (Graphic), and Direct Mail Services, Inc. dba American Mail Service (Direct) (collectively, defendants).[1]
In August 2007, CalPERS sent an election brochure to approximately 391,000 retired members. All or part of the retirees' social security numbers were printed on the address labels, in an unspaced and unhyphenated form, above their names. The brochures were created by Graphic and were mailed by Direct. Plaintiffs filed suit against CalPERS, Graphic and Direct and sought to certify a class of all CalPERS members whose privacy rights were violated by this disclosure of their social security numbers.
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