U.S. Colleges and Universities Advised to Preserve Evidence of Theft of Student-Athletes’ Private Information by Former Michigan Football Coach Matthew Weiss

The legal team representing student-athletes whose data was allegedly stolen has issued notices to several universities and colleges to preserve evidence of data privacy violations.

Lisa Esser-Weidenfeller of Sommers Schwartz, along with Megan Bonanni of Pitt McGehee Palmer Bonanni & Rivers, sent the preservation notices in conjunction with a class action accusing former University of Michigan and Baltimore Ravens football coach Matthew Weiss of gross negligence and violations of privacy laws, including the Stored Communications Act and the Computer Fraud and Abuse Act. 

The federal civil suit on behalf of 11 Jane Doe plaintiffs also names the University of Michigan, its Board of Regents, and third-party data provider Keffer Development Services. However, the lists of plaintiffs and defendants are likely to grow as more student-athletes come forward and other schools are implicated. 

The U.S. Department of Justice has also charged Weiss with 24 counts of felony identity theft and unauthorized computer access. He is believed to have unlawfully hacked and exploited personal data and intimate images of more than 150,000 student-athletes across the country.

Lisa, Megan, and their law firms have fought successfully for groups of student-athletes in other high-profile matters, including sexual abuse and assault cases against Michigan State University and USA Gymnastics trainer Dr. Larry Nassar and University of Michigan physician Dr. Robert Anderson. Tragically, one of the Jane Doe plaintiffs was also victimized by Nassar while training with USA Gymnastics at Michigan State; she stated Weiss’s alleged theft of her personal information is causing her to relive that trauma.

Media coverage of the preservation notices has referenced a few of the anonymous class action plaintiffs:

• A volleyball player and multiple soccer players and gymnasts who formerly completed on two University of Michigan campuses (Yahoo Sports)
• An ex-track and field athlete at Simmons University (Boston Herald)
• A former student-athlete at Malone University (Massillon Independent)
• A former athlete at Loyola University Chicago (WGN)
• A male student-athlete at the University of Kentucky (Lexington Herald-Leader, sub req’d)
• Female athletes at Wake Tech Community College and Shaw University (The News & Observer, sub req’d)
• Two former High Point University students (WRAL-TV)

The notice compels named schools to preserve data that includes video, photographic and digital recordings; emails; texts; student-athlete files; medical records; and investigatory. According to the document:

“Preservation includes taking all reasonable steps to prevent the partial or full destruction, alteration, deletion, incineration, wiping, relocation, theft or mutilation of potential evidence as well as negligent or intentional handling that would make the material incomplete or inaccessible. Preservation also includes discontinuing all routine data destruction and backup recycling policies.”

If you are a current or former college student-athlete and suspect Matthew Weiss illegally obtained your private, personal data, please contact Lisa Esser-Weidenfeller for a free and confidential consultation to discuss your right to compensation.