Gales v. Ohio Lottery Comm.

Citations

• 2025 Ohio 5189

Syllabus

Motion to Dismiss, Class Certification, Class Action, Data Breach, R.C. 1347, Federal Trade Commission Act § 5. The Judge granted defendant's motion to dismiss the complaint of plaintiffs' proposed class related to a data breach of the Ohio Lottery Commission. The Judge determined that: § 5 of the Federal Trade Commission Act does not grant a private right of action; that R.C. 1347 et. seq. only protects against excessive governmental recordkeeping and is not relevant to a claim related to a data breach, and no private right of action extend to such claims; that plaintiffs failed to allege sufficient facts to infer that a contractual relationship existed between the parties related to plaintiffs' personal information; and that plaintiffs' equitable claims for unjust enrichment failed as a matter of law as no ancillary claims remain and plaintiffs failed to allege facts outside of the contractual relationship to play the Ohio Lottery in which defendant was enriched. Accordingly, the Judge granted defendant's motion and dismissed plaintiffs' consolidated amended complaint.