Jacobs Entertainment, Inc. Data Breach Class Action Allowed to Proceed on Key Claims
September 23, 2026 – The United States District Court for the District of Colorado has denied in part Jacobs Entertainment, Inc.’s motion to dismiss a putative class action lawsuit arising from a data breach involving the personal information of current and former employees and others. The case is Stephanie Retzolff, individually and on behalf of all others similarly situated v. Jacobs Entertainment, Inc., Case No. 24-cv-03538-PAB-KAS.
The lawsuit alleges that unauthorized actors gained access to Jacobs Entertainment’s systems and that compromised information was later published for sale on the dark web. The plaintiff alleges that information exposed in the breach included her name and Social Security number.
In its September 21, 2026 Order, the Court found that the alleged publication of the plaintiff’s sensitive personal information on the dark web constituted a concrete injury sufficient to establish Article III standing to pursue damages. The Court specifically found that the plaintiff plausibly alleged a concrete injury by alleging that her name and Social Security number were published on the dark web for sale.
The Court also denied Jacobs Entertainment’s request to dismiss the plaintiff’s negligence and breach of implied contract claims. With respect to the implied contract claim, the Court found that the plaintiff plausibly alleged an agreement under which she provided her private information with the understanding that Jacobs Entertainment would adequately safeguard it.
The Court dismissed the plaintiff’s unjust enrichment claim with prejudice and dismissed the separate Declaratory Judgment Act claim without prejudice. Accordingly, the case will continue on the surviving claims.
Federman & Sherwood represents individuals affected by data breaches and other privacy incidents and continues to pursue claims involving the alleged failure to adequately safeguard sensitive personal information.
For more information regarding this litigation or your legal rights following a data breach, contact Federman & Sherwood at 1-800-237-1277 or info@federmanlaw.com.