Court Rules
All enforcement actions
SettlementHigh RiskMultistate

State AGs Fine Morgan Stanley $6.5M for Data Security Failures

Morgan Stanley Smith Barney LLCNovember 16, 2023New York Attorney General

Penalty Amount

$6,500,000

Summary

Morgan Stanley failed to properly decommission computer devices containing unencrypted customer data, leading to the sale of devices with personal information at auction and missing servers with potential data. A multistate coalition secured a $6.5 million settlement requiring Morgan Stanley to implement enhanced data security measures.

Remedy

Morgan Stanley must pay a $6.5 million fine and adopt a comprehensive information security program, including encryption, incident response plans, hardware tracking, and vendor risk assessments.

Monetary PenaltyCompliance Program

Contract Impact

In-house legal teams should review vendor agreements, especially those involving data destruction, asset disposal, or IT decommissioning services, to ensure they include specific clauses on data security standards, encryption requirements, vendor monitoring, and liability for data breaches. Customer agreements may need enhancements to data protection obligations, and internal policies should address hardware inventory controls and decommissioning procedures. Changes could involve mandating security certifications for vendors, implementing rigorous audit trails for disposed assets, and adding clear remedies for unauthorized data access to prevent incidents like unencrypted data being sold at auction or missing servers.

Contract Search Terms

vendor oversight clausedata destruction services agreementhardware inventory requirementencryption mandatedecommissioning protocolthird-party security assessmentasset disposal termscustomer data handlingdata breach liabilitysecurity audit clause

Violation Types

Entity Details

Entity

Morgan Stanley Smith Barney LLC

Also known as: Morgan Stanley

Industry

Financial Services

Multistate Coalition

Official Sources

Source Evidence

Entity Name
"Morgan Stanley Smith Barney LLC (Morgan Stanley)"
Fine Amount
"a $6.5 million fine"
Violation Types
"Morgan Stanley failed to decommission its computers and erase unencrypted data in certain computer devices that were later auctioned while still containing consumers’ personal information"

Related Enforcement Actions

NY

N/A

New York Attorney General Letitia James issued a consumer alert on May 18, 2026, warning residents of potential price gouging by transportation service providers during the Long Island Rail Road strike. The alert reminds businesses that New York’s price gouging laws prohibit unconscionable price increases on essential services like transportation during market disruptions. No specific privacy violations or enforcement actions against individual entities were announced in the alert.

NY

No specific entity cited

New York Attorney General Letitia James issued a consumer alert on May 18, 2026, warning businesses against engaging in price gouging on transportation services during the Long Island Rail Road strike. The alert reminds businesses that New York’s price gouging laws prohibit unconscionable price increases on essential goods and services during market disruptions, with potential penalties of up to $25,000 per violation. No specific enforcement action against a particular entity was announced, only a general warning for businesses and a call for consumers to report suspected price gouging.

NY

N/A

This press release announces New York Attorney General Letitia James leading a coalition of 21 state attorneys general, the District of Columbia, and Pennsylvania’s Governor in filing an amicus brief with the U.S. Supreme Court to stay a Fifth Circuit ruling that would reinstate in-person dispensing requirements for mifepristone, a medication used for abortion. The coalition argues the ruling is scientifically unsupported, would restrict telehealth access to reproductive care, and undermines state sovereignty over abortion policy post-Dobbs. This is not a privacy-related enforcement action, as the content addresses reproductive health policy rather than data privacy violations.

NY

Uphold HQ, Inc.

$5.0M

New York Attorney General Letitia James secured a $5 million settlement from cryptocurrency platform Uphold HQ, Inc. for promoting Cred’s fraudulent CredEarn investment product as safe and reliable, when Cred was making risky loans to uncreditworthy borrowers in China. Uphold also falsely claimed Cred had comprehensive insurance and promoted the product without registering as a broker or commodity broker-dealer under New York law. As part of the settlement, Uphold will pay $5 million to harmed investors, remit $545,189 from Cred’s bankruptcy to customers, improve due diligence policies for third-party products, and register as a broker with the OAG.

NY

Purdue Pharma

$7.4B

New York Attorney General Letitia James announced the shutdown of opioid manufacturer Purdue Pharma as part of a $7.4 billion settlement with a bipartisan coalition of 54 other state attorneys general. The Sackler family, former owners of Purdue, are permanently barred from selling opioids in the U.S. and have no involvement in Knoa Pharma, the new public benefit corporation replacing Purdue. Purdue was sentenced on criminal charges related to its role in the opioid crisis on April 28, 2026, with the new entity operating under strict oversight and excess revenue funding opioid abatement efforts.

NY

American Express, Capital One, Citi Group, Mastercard, Visa, PayPal, Stripe, Sezzle, Block (operator of Square, Cash App, and Afterpay)

New York Attorney General Letitia James led a bipartisan coalition of 24 state attorneys general, Puerto Rico, and New York City in sending letters to nine major credit card companies and payment processors urging them to block transactions facilitating illegal vaping product sales. The coalition cites federal and state laws prohibiting unauthorized e-cigarette sales, particularly to youth, and requests collaboration to prevent payment networks from processing such transactions. No enforcement penalties or actions were imposed as part of this initiative.