When Do You Need a Lawyer After a Data Breach?


June 26, 2024 | By California Consumer Protection Attorneys | Kazerouni Law Group, APC.
When Do You Need a Lawyer After a Data Breach?

It's a dreaded scenario - discovering cybercriminals stole your personal information. Cybercriminals now possess your Social Security number, credit card details, and even your medical records.

Do you have any legal recourse? When do you need a lawyer after a data breach? 

If a data breach compromised your personal information and you suffered harm, contact a data breach attorney

A data breach occurs when cybercriminals access, steal, or expose sensitive, confidential information. This can happen due to hacking, malware, human error, or insider threats. The consequences of a data breach can range from identity theft and financial fraud to reputational damage and emotional distress. 

A skilled lawyer can explain your legal rights, explore your options for seeking compensation, and guide you through the complex process of holding the responsible parties accountable.

Five Signs You May Need a Lawyer After a Data Breach

  1. Identity Theft and Financial Fraud

If criminals stole your personal information, such as your Social Security number, credit card details, or bank account information, and subsequently misused it, leading to identity theft or financial fraud, seek legal assistance. 

Identity thieves can wreak havoc on your financial life, opening fraudulent accounts, making unauthorized purchases, or even filing false tax returns in your name. The consequences can range from damaged credit to emptied bank accounts. 

For example, imagine discovering that someone used your stolen Social Security number to open multiple credit card accounts in your name, racking up thousands of dollars in charges.

You might start receiving calls from collection agencies demanding payment for debts you never incurred. A consumer protection lawyer can dispute the fraudulent accounts, repair your credit, and seek compensation for your losses.

  1. Out-of-Pocket Expenses

In the wake of a data breach, you may incur various out-of-pocket expenses to protect yourself from potential harm. These expenses might include credit monitoring services, identity theft protection, or even replacing important documents like your driver's license or passport if they were compromised in the breach. 

Lawyer After a Data Breach

For instance, if your sensitive information was exposed in a data breach at your healthcare provider, you may feel compelled to sign up for a credit monitoring service to keep an eye out for any suspicious activity.

These services can cost hundreds of dollars per year, adding a significant financial burden to an already stressful situation.

A consumer protection lawyer can seek reimbursement for these expenses from the company responsible for the breach.

  1. Emotional Distress and Reputational Harm

The exposure of sensitive personal information in a data breach can lead to significant emotional distress, anxiety, and even reputational harm.

Imagine having your medical records, including sensitive details about your health history or mental health, stolen and potentially made public. The fear, embarrassment, and loss of privacy can be deeply traumatic. 

In some cases, the exposure of personal information can also lead to reputational damage, particularly if the stolen data is used to spread false or damaging information about you online.

This can impact your personal relationships, professional life, and overall well-being. 

A skilled consumer protection attorney can help you assess the extent of the harm you've suffered and pursue appropriate remedies. This may include compensation for your emotional distress and any reputational damage you've incurred.

  1. Failure to Notify or Offer Adequate Remedies

When a company experiences a data breach, they have a legal obligation to promptly notify affected individuals and offer appropriate remedies to help mitigate the potential harm.

However, some companies may fail to fulfill these obligations, leaving consumers in the dark about the risk to their personal information. 

For example, if a retailer discovers that their payment system was hacked and customer credit card numbers were stolen but waits months before notifying affected customers. The delay can significantly increase the risk of fraud and identity theft.

Similarly, if a company offers inadequate remedies, such as a short-term credit monitoring service when the stolen data includes Social Security numbers, consumers may be left without sufficient protection. 

In these situations, a consumer protection lawyer can hold the company accountable for its failure to notify and protect affected individuals properly. They can also help you understand your rights under various state and federal laws that govern data breaches and consumer protection.

  1. Complex Situations Involving Healthcare Data or Multiple Jurisdictions

Data breaches involving healthcare information or spanning multiple jurisdictions can require expert legal guidance.

Healthcare data breaches, for example, must meet the provisions of the Health Insurance Portability and Accountability Act (HIPAA), which sets strict standards for the protection and disclosure of patient information.

If your sensitive medical information was exposed in a breach at your doctor's office or hospital, you may face unique risks and challenges in seeking recourse.

Data Breach

A consumer protection lawyer with experience in healthcare privacy issues can help you understand your rights under HIPAA and other relevant laws and guide you through the process of holding the healthcare provider accountable for any violations. 

Similarly, if a data breach affects consumers across multiple states or even countries, the legal landscape can become incredibly complex, with different laws and regulations applied in different jurisdictions.

A knowledgeable attorney on your side can navigate the intricacies of multi-jurisdictional legal issues, protect your rights, and seek appropriate remedies.

How a Consumer Protection Lawyer Can Help After a Data Breach

  • Evaluate your case and explain your legal rights/options: A consumer protection lawyer can review the specific details of your situation, assess the extent of the harm you've suffered, and explain the legal options available to you.
  • Investigate the breach and gather evidence of negligence or legal violations: Your attorney can conduct a thorough investigation into the data breach, gathering evidence to demonstrate any negligence or legal violations on the part of the company responsible.
  • Pursue compensation for your losses and hold the company accountable: A skilled lawyer can help you seek compensation for any financial losses, out-of-pocket expenses, and emotional distress you've incurred as a result of the breach, holding the company accountable for its failure to protect your personal information.
  • Navigate complex notification and reporting requirements on your behalf: In the aftermath of a data breach, there are often complex notification and reporting requirements that must be fulfilled. Your attorney can handle these requirements on your behalf, ensuring that all necessary steps are taken to protect your rights.
  • Join your claim with others in a class action for greater impact: In many cases, data breaches affect a large number of individuals. A consumer protection lawyer can help you join forces with other affected consumers in a class action lawsuit, increasing your chances of a successful outcome and maximizing the impact of your claim.
  • Advocate for better consumer protections to prevent future breaches: In addition to seeking relief for your specific situation, a consumer protection lawyer can also advocate for stronger laws and regulations to better protect consumers from data breaches in the future, working to hold companies accountable and prevent further harm.

What to Look for in a Data Breach Lawyer

  • Experience handling data breach cases and related consumer protection issues.
  • Knowledge of rapidly evolving data privacy laws and regulations.
  • Compassionate understanding of the stress and harm data breaches inflict on victims.
  • Focus on pursuing your best interests and maximum available relief.
  • Free consultations to review your situation with no obligations.
  • Transparency about the process and contingency fee structure (no fees unless you win).

Contact Kazerouni Law Group to Get Help After a Data Breach

In today's digital age, data breaches have unfortunately become all too common. If you find yourself a victim of a breach, you have rights and options. An experienced consumer protection lawyer can be your strongest ally in navigating the aftermath, fighting for your interests, and holding negligent companies accountable. 

The legal team at Kazerouni Law Group has extensive experience helping data breach victims nationwide. We offer free, no-obligation consultations to review your situation and advise you of your rights.

If criminals breached your data or stole your identity, call our firm today at 800-400-6808 or contact us online anytime to speak with a skilled consumer protection attorney and explore your path to justice.