You deserve compensation when your sensitive data is leaked. Institutions that put your information at risk may cause you to face expensive consequences. Whether your credit card information has been compromised, or you are a victim of identity theft, having a data breach lawyer on your side can help you recover damages.
At McOmber McOmber & Luber, our attorneys understand the intricate legal procedures involved in data breach cases. With years of experience and accomplishments, we strive to guide and support our clients through every step of the legal process. Allow our team to identify and analyze your circumstances to build a strong case on your behalf.
What Is a Data Breach?
Data breaches are the unauthorized access, use, or disclosure of private information. These security violations can be intentional or unintentional.
Intentional data breaches may occur when a malicious insider works at the institution that you trusted with your data or when someone steals your identity after you lose your computer or mobile device.
Meanwhile, some incidents that constitute unintentional data breaches include cyber-attacks. Perhaps the entity holding your information suffered a data leak, but the institution failed to notify you of the breach immediately, so someone got a hold of your information.
What Data Is Often Collected or Leaked?
Cybercriminals generally look for personally identifiable information (PII) in data leaks. Examples of PII include credit card details and Social Security numbers. If your information falls into the hands of the wrong people, you may become a victim of identity theft.
Protected health information (PHI) is also at-risk during data leaks. Healthcare providers must protect any information relating to a patient’s past, present, or future health conditions, including physical or mental.
Other data that cybercriminals look for include:
- Analytics: Demographics, trends, behavioral data, and modeled data are some analytics that can reveal how certain people respond to certain things, giving businesses an advantage in their operations.
- Customer information: Names, addresses, contact information, card numbers, and CVV codes are some examples of customer data that companies collect that risk falling into the hands of cybercriminals.
- Company information: Trade secrets, sensitive plans, strategies, roadmaps, emails, company operations, and critical business information can leak and complicate the competition between companies.
Who Is Most Vulnerable to Data Breaches?
Some industries that are most at risk of data breaches include:
- Public administration: Government institutions are a prime target for data breaches and require an extensive security infrastructure to protect their systems. Some malicious reasons for hackers and cybercriminals to steal government data include espionage and financial gain.
- Financial institutions: Banks, credit unions, and lending companies are favorite targets of cyber criminals because they store confidential financial data. Criminals can access this data and use it for various frauds or scams.
- Healthcare organizations: Healthcare facilities handle confidential health records of patients, including names, addresses, Social Security numbers, and other private information. Data breaches can expose patients to identity theft.
- Educational institutions: Student and employee records in schools, colleges, and universities can be subject to data breaches. Exposing this information could lead to severe financial loss or identity theft.
- Retail companies: Retailers and e-commerce stores also store sensitive customer data, such as credit card numbers and passwords. Criminals who steal this information from data breaches could use it to make fraudulent purchases.
How Do I Know If I Have Been Affected By a Data Breach?
To know if you have been affected by a data breach, you should monitor your personal accounts and digital platforms for any unusual activities. Companies that suffer data breaches often notify affected individuals via email or through their official website. Moreover, there are various online tools and resources where you can check if your data has been compromised, such as “Have I Been Pwned.” It is important to stay vigilant and to regularly review your financial statements and digital accounts for any signs of unauthorized access or misuse.
What Steps Should I Take Immediately Following a Data Breach?
If you suspect that you have been affected by a data breach, it is critical to act swiftly to secure your information. The immediate steps should include:
- Change your passwords for all affected accounts, ensuring to create strong, unique passwords for each, and apply multi-factor authentication where available.
- Contact your bank and other financial institutions to alert them and to monitor your accounts for any fraudulent activities.
- Monitor your credit report to detect any irregularities quickly.
- Report the incident to the appropriate organizations, including the affected service or company.
Seeking legal advice can also be a prudent step, as a lawyer can help guide you on how to protect your rights and possibly recover damages.
What Federal Laws Govern Data Breaches in the United States?
In the United States, data breach regulations are governed by a series of federal and state laws. At the federal level, there are several laws including:
- The Gramm-Leach-Bliley Act: protects personal financial information.
- The Health Insurance Portability and Accountability Act (HIPAA): protects private health information.
- The Federal Trade Commission Act: holds companies accountable for failing to safeguard customer data.
It’s essential to note that many states also have their own laws regarding data breaches, which can provide further protections and impose additional obligations on companies.
What Is a Data Breach Lawsuit?
Data breach lawsuits are legal actions that victims of data breaches file to seek compensation from the responsible parties. Common claims include damages related to:
- Identity theft: Victims of identity theft may suffer financial losses due to charges from fraudulent purchases and bank overdrafts. They can file a lawsuit against the banking or medical institution that lost their data.
- Invasion of privacy: Victims may suffer emotional damages due to the loss of personal information. Data breach lawyers can seek compensation from the responsible party, citing emotional distress from the privacy invasion.
- Medical harm: Medical data breaches can leave victims suffering physical and psychological harm due to mishandling of medical records. A data breach lawyer can help victims seek compensation for any related medical expenses incurred due to the negligence of a healthcare provider.
What Kind of Evidence is Required to Support a Data Breach Claim?
To substantiate a data breach claim, collect proof of your involvement and any resulting damages. Secure all notifications from the concerned company and record any suspicious account activities. Document efforts and costs to mitigate the breach’s consequences. Consult a lawyer to help amass and structure your evidence effectively.
What Is a Data Breach Lawyer?
Data breach lawyers are legal experts who can represent victims of data breaches. They help protect the rights and privacy of data breach victims. These professionals also work to ensure that the victims obtain the compensation they deserve after suffering damage and losses from the event.
What Does a Data Breach Lawyer Do?
If an institution or company fails to protect its customers from data breaches, affected individuals or groups can seek help from a data breach lawyer for the appropriate legal action. Data breach lawyers will identify any potential civil or criminal liability related to the situation and seek compensation from those responsible on the victim’s behalf.
How Can a Data Breach Lawyer Help Me?
A data breach lawyer plays a pivotal role in assisting victims to navigate through the legal landscape, which is often intricate and complex. Here is how they can provide indispensable help:
- Filing a claim against the responsible party: A seasoned data breach lawyer can adeptly identify and hold the responsible party accountable, which is the first step towards seeking justice.
- Providing evidence proving negligence: Establishing negligence is central to many data breach cases, and lawyers have the expertise needed to amass the necessary evidence.
- Securing the proper compensation: Victims of data breaches often suffer financial losses, among other types of harm. A lawyer can accurately estimate the fair amount of compensation you deserve, considering various factors, including emotional distress and reputational damage.
- Protecting the victim’s rights: Data breach lawyers protect your rights throughout the legal process and make sure no violations or intrusions of privacy occur.
- Offering legal advice and representation in court: A lawyer not only offers invaluable advice, they represent you in court and advocate for your best interests.
Our Data Breach Lawyers can guide you to the best course of action at each stage of the legal process, helping to alleviate the stress that comes with navigating legal systems. They can also facilitate negotiations for settlements outside court, ensuring you receive the most favorable terms possible.
Why Us: Discover the McOmber McOmber & Luber Difference
Our attorneys have over 40 years of experience in a broad range of legal matters. We have seen how data breach lawsuits have evolved with technology. Cybercriminals are also getting more creative with their methods, requiring institutions to implement the most recent anti-cybercrime strategies to protect their clients.
When irresponsible companies or businesses fail to recognize these developments in data storage technology, they put people at risk. Those who incur damages must not suffer the consequences of someone else’s negligence. That is why we strive to deliver efficient, cost-effective, and customized legal services for data breach victims.
Get Started: Speak to a Data Breach Lawyer Today
Our data breach lawyers at McOmber McOmber & Luber are eager to discuss your situation and determine the best approach for your claim. We have the experience and expertise to handle a variety of data breach cases, from smaller businesses to large corporations. Contact us today to speak to one of our legal team members. Get a Free Consultation.