No one wants to be involved in a data breach. However, the unfortunate truth is that these cyber crimes are becoming more and more common. In fact, data breaches increased by about twenty percent last year compared to the year before. A data breach lawyer plays a crucial role in helping victims of data breaches.
Companies across all industries are sitting in treasure troves of data that hackers would love to get their hands on. Everything from you credit card numbers to basic demographic information to your Social Security Number is fair game for hackers. While companies are aware of these risks, proper data security is expensive, and many choose not to properly invest in it.
When you have been victimized by cybercriminals, you need an experienced data breach attorney in your corner that will ensure your rights are vindicated.
How data breaches occur
A lot of different types of cybercrime can fall under the term “Data Breach”. This can entail what we traditionally think of as cybercrime with hackers remotely gaining access to important files, but it can also take other forms as well, such as an employee stealing important company records or even a customer accessing a system they are not supposed to.
What separates the kinds of leaks that data breach attorneys focus on from other forms of information crime is your information. Anytime a consumer’s information is leaked, this is a major problem and can give rise to legal liability for the company that allowed the leak.
This is especially so when the breached information includes financial information, healthcare records, or other forms of sensitive data.
The Types of Information Leaked
Any kind of personal information can be leaked in a data breach, but hackers are particularly interested in financial data, Social Security numbers, and other information that allows them to impersonate their victims and benefit financially.
After a data breach, the hacker may use the information to open credit cards or make purchases in victims’ names. Some hackers actually go to the dark web to sell victims’ information to other bad actors who then use it for nefarious ends.
SIGNS OF A DATA BREACH
The following are common indicators that your data was compromised:
NOTICE LETTER
A notice letter is sent by the company that leaked your data, alerting you to this fact. While this is the best way to confirm that your information was leaked and tie it to a specific company, these are frequently sent months or even years after the actual data breach occurred.FRAUD AND MISUSE
If your private information was compromised in a data breach, it could end up in the hands of malicious actors. If you notice an uptick in the number of fraud reports, spam or phishing emails, suspicious charges on your credit cards, or related issues outside the norms you are accustomed to, it could be related to a data breach.
IDENTITY THEFT
Cybercriminals can use your data to impersonate you. After a data breach, private information is sold on the dark web to bad actors who then misuse it. Frequently, this is done with the intent to take advantage of benefits that you are entitled to, such as pensions or government benefits.
The dangers of a data breach
Data breaches can lead to all sorts of negative consequences for their victims. If your personal information has fallen into the wrong hands, it can lead to fraudulent purchases, criminals opening credit cards or taking out loans in your name, and increases in spam calls and harassment.
Iowa Fraud Fighters reports that this can even lead to medical mistakes and problems receiving treatment when the compromised information includes health data.
The impact of a data breach can last for the rest of the victim’s life. Some victims even suffer identity theft issues after they pass, leaving their estate to deal with the fallout.
What to do if you have been impacted by a data breach
Chances are your information will be involved in a data breach at some point. U.S. News reports that approximately 61% of Americans have had their personal information involved in at least one data breach incident.
When a company experiences a data breach, they are required by law to send out a notice letter to affected individuals. These letters are templated and often leave out a lot of information, but they will generally tell you what sort of data was leaked, when the leak occurred, and if the company is providing any kind of identity monitoring or other service as compensation.
You should save this letter as it is proof that your information was breached by the company. Moreover, a data breach lawyer can look to this letter to determine if the company has provided sufficient assistance to victims.
Pay extra attention to your bank accounts and credit cards, and immediately report any fraudulent or suspicious activity.
Consider the various credit monitoring services that are offered as well. While these will not stop fraud ahead of time, they can help you catch it faster, before the consequences grow.
Speak with a data breach attorney. Attorneys that specialize in this area of law are able to best advise you as to what course of action to take. Just because the company that allowed your private information to leak has not offered any kind of compensation does not mean that you do not have any claims.
$20,000,000+
Recovered and Counting
What to expect with a data breach lawsuit
If you speak with a data breach attorney and determine that you would like to go forward with a lawsuit, there are a number of different paths that the lawsuit could take.
The lawsuit could settle at any point. A settlement occurs where both parties agree to resolve the case without proceeding further in court. Typically, the plaintiff(s) agrees to accept less than they might receive at trial, while the defendant agrees to a set payout, limiting their potential liability and resolving the matter faster than going to trial would.
A class-action lawsuit requires a named plaintiff. This individual acts as a stand-in for all other individuals who have been similarly impacted. In return, the class representative often receives an additional stipend from the court, though this is not guaranteed.
CURRENT INVESTIGATIONS
What a data breach attorney does
A data breach attorney helps to hold the company that leaked your information accountable. There are a number of different actions that a lawyer can do on your behalf:
- Investigation and assessment of data breach incidents
Data breach lawyers investigate data incidents to determine what kind of information was leaked, and how the company allowed it to happen. Using various resources, they can determine how much big of an impact the breach is likely to have on their client going forward. Many attorneys can even see if their individual client’s information has been posted on the dark web.
- Determining liability and pursuing legal action against responsible parties
With this information in hand, the data breach lawyer will look into all available legal remedies. If the offending company has not offered adequate compensation, they will get to work to ensure that their client (and potentially everyone impacted by the breach) is able to be made whole.
- Representation in class-action lawsuits and individual claims
Often, data breach incidents will result in class-action lawsuits. These are a particular type of lawsuit that allows one representative plaintiff to stand in the place of all the similarly impacted parties. Courts use class-action lawsuits in situations where the individual claims are sufficiently similar but not large enough to be worth individually litigating. By combining claims together, the rights of every plaintiff can be represented by one.
- Seeking compensation for damages, identity theft protection, and credit monitoring services
An attorney will negotiate on your behalf, arguing for the best possible outcome for you. They are skilled advocates and will be able to represent your interests to the other party. If you have opted for a class-action, this can provide you with far more bargaining power than you would have as an individual.
WHAT OUR CLIENTS SAY
"I got notice of a data breach of personal data in a place that I had not worked for in 14 years.... I looked around online at who I could contact about this, and I found Migliaccio & Rathod. I went through all the reviews, etc, and I finally reached out to them. I'm glad I did. They walked me through everything. I am happy with how they communicated with me through the entire process and the case was settled in a professional manner." - John C., class representative in data breach class action (Five star Google review)
"Fast, efficient and caring." - Esteban H., class representative in data breach class action (Five star Google review)