Data Breach
Class Action Lawsuits
Data breaches can lead to sensitive personal information falling into the hands of identity thieves and other nefarious individuals. When your information is compromised, the data privacy lawyers at Cutter Law P.C. can help you restore your identity and hold those companies accountable who fail to protect your data.
According to Statista, 1,862 data breaches occurred in the United States in 2021, impacting more than 298 million people.
Unless you live off the grid, you cannot function in today’s world without providing your personal information to various sources, including financial institutions, health care providers, and employers. This information may be sold to other companies and reported to the credit bureaus.
Every entity that collects or stores your personal information has a legal obligation to protect it from unauthorized access. The California class action lawsuit attorneys at Cutter Law P.C. are committed to ensuring companies pay fair and just compensation when they fail to keep your personal information safe.
Quick Links
- What happens in a data breach?
- How might my stolen information be used?
- How do data breaches happen?
- How can I protect my personal information?
- What responsibilities do companies have to protect my information?
- What can I do if I am notified that my personal information has been compromised?
- How can a data breach lawyer help me?
- What is a class action lawsuit?
- When should I contact an attorney?
- Why should I choose the privacy breach attorneys at Cutter Law P.C.?
What happens in a data breach?
Identity thieves and bad players access consumer data by circumventing a company’s security software. Sensitive consumer data may include but is not limited to the following:
- Usernames and passwords
- Your full legal name
- Social Security number
- Date of birth
- Address and contact information
- Confidential medical information
A privacy breach can also occur when your biometric data is collected without your permission or when your conversations are monitored and recorded without your knowledge or consent.
Cutter Law P.C. represented privacy breach victims in a case involving the Shazam app, in which the app recorded personal conversations using a user’s phone microphone.
When data thieves access your personal information, they may use it themselves or sell the information on the dark web. When the stolen information is sufficient to facilitate the opening of accounts or other business transactions in your name, it becomes identity theft.
Stolen data is not always used for identity theft. In the case involving the Shazam app, it was used for targeted advertising. Regardless of how the stolen information is used, any company that mishandles your personal information or collects information without your consent is liable for a privacy breach.
Recent Data Breaches
Many of the most infamous data breaches in recent years have involved reputable companies.
Equifax
In 2017, Equifax announced a data breach that impacted approximately 147 million people.
Facebook/Cambridge Analytica
In 2018, Cutter Law P.C. represented victims of the Facebook/Cambridge Analytica data breach, which was the result of Facebook’s misuse of 50 million Facebook user profiles.
In 2021, the personal information of more than 500 million LinkedIn users was leaked and sold. This information included full names, email addresses, phone numbers, and work-related data.
Target
In 2013, the credit card information of approximately 41 million consumers was breached when hackers stole the credentials of a third-party vendor responsible for storing this information, according to USA Today. The contact information of more than 60 million customers was also breached.
Many people avoid online shopping, banking, and other services for fear of data breaches, but this case and the Equifax case demonstrate that your consumer information may be stored electronically, whether or not you provide it on the internet yourself.
How might my stolen information be used?
If your information is part of a data breach, data thieves may use it to:
- Establish credit card accounts and personal loans in your name
- Access your bank accounts and withdraw your funds
- Obtain copies of your credit cards and make purchases
- Commit fraud or other crimes in your name
- Access your employment credentials
- Make large purchases in your name
If an identity thief sets up accounts in your name, it is unlikely the thief will make payments. This will result in delinquencies on your credit report, mysterious collection calls, reduced borrowing power, a tarnished credit rating, and higher bills.
All of this can happen quickly and catch you off guard. You may find yourself unable to access your bank accounts or credit for a period of time. When defending yourself as a victim of identity theft, the burden of proof is on your shoulders.
How do data breaches happen?
Data breaches occur when cybercriminals exploit a company’s security vulnerabilities and access their computers or networks so they can steal local files or bypass network security remotely. These vulnerabilities may include the following, according to Varonis:
- Hacking
- Malware attacks
- Insider leaks
- Payment card fraud
- Theft or loss of physical hardware
- Human error
Common tactics hackers use include the following, according to Verizon’s 2021 Data Breach Investigation Report:
- Psychological manipulation, such as phishing
- Basic web application attacks
- System intrusion through tactics like malware and hacking
- Employee errors that compromise security
- Unapproved access
- Misplacement or theft of sensitive materials
How can I protect my personal information?
In today’s electronic world, your information is never 100 percent secure, but there are measures you can take to protect it.
Be Aware of Privacy Policies
Virtually every company that collects personal information has a privacy policy that specifies how your information will be used.
Avoid Scams
As soon as you provide your personal information to a company, you lose control over it. Thus, it is imperative that you only provide personal information to companies you know and trust.
Phishing is one of the most common tactics used by information thieves. It involves the use of seemingly legitimate communications, such as email, to extract sensitive information. These communications falsely appear to have come from a legitimate source. To avoid falling prey to phishing schemes, avoid the following:
- Clicking on links or downloading files in emails from suspicious parties.
- If you receive communication from a known vendor requesting sensitive information, confirm with the vendor by another means that it is legitimate.
- Do not give out personal information over the telephone or through email unless you initiated the contact and know you are speaking with the correct individual.
- Avoid answering calls from unknown telephone numbers. If you do, do not provide any requested personal information, no matter what the other party says.
What responsibilities do companies have to protect my information?
The Federal Trade Commission enforces several privacy laws that protect your personal information, including the Fair Credit Reporting Act and the Health Information Portability and Accountability Act (HIPAA).
What can I do if I am notified that my personal information has been compromised?
If you receive a notice from a business that your information was disclosed in a data breach, act immediately and continue to monitor your finances for at least 90 days following the breach.
Fraud Alert
Place a fraud alert or a freeze on your credit profile. This will prevent your credit from being used to open new accounts for at least 90 days.
Monitor Your Credit Report
Review and continue to monitor your credit profile for all three of the major credit bureaus to ensure no new inquiries occur and no unauthorized accounts are opened.
Monitor Your Bank Accounts
Check your bank accounts daily to ensure no unauthorized charges are present. Report the data breach to your bank and formally request that the bank monitor your account for unusual activity.
Monitor Your Credit Accounts
Be vigilant about checking your monthly credit card statements for unauthorized transactions. Most credit cards also allow you to monitor your transactions through online accounts so you can see them as they occur.
Report Suspicious Activity
If you see transactions on your credit card or bank account statements that you do not recognize, report these to the respective fraud departments. These charges will typically be removed from your account without liability to you. You can also dispute activity that does not belong to you on your credit reports.
File a Police Report
If you discover fraudulent activity in any account or credit report, file a report with your local law enforcement agency. You will need this report to dispute information on your credit report that appears as a result of identity theft. In the event financial crimes are committed in your name, this will also document that you are the victim of identity theft.
Contact a Privacy Breach Attorney
If you receive a notification that your personal data has been compromised, contact an attorney to obtain advice on any action you should take related to the specific breach.
The consequences of identity theft may not be immediately apparent. If you see any financial record that shows an identity thief is using your information, contact an attorney immediately.
How can a data breach lawyer help me?
Identity thieves are difficult to identify and prosecute because they can be anywhere, even in another country. However, a lawyer can help you file a civil lawsuit to hold a company accountable for allowing your data to fall into the hands of the identity thief.
What is a class action lawsuit?
A class action lawsuit is a civil lawsuit with a large number of plaintiffs, known as class members, who have suffered harm because of a singular cause. Class action lawsuits are common in data breach cases.
Large companies are typically resistant to settling individual cases when they know a large number of individuals have been impacted. Class action lawsuits use a strength-in-numbers approach that is more effective than individual litigation in persuading companies to settle.
Class action lawsuits are not in the best interest of every client. If a class action lawsuit is not in your best interests, you have the right to opt out and file an individual lawsuit. This must be determined on a case-by-case basis.
When should I contact an attorney?
Ideally, you should contact an attorney without delay. Data breach cases are time-restricted by a statute of limitations, and to build the strongest case, your attorney will need sufficient time ahead of the deadline to investigate your case. If a class action case is already in progress, you will also have a limited amount of time to join.
If your credit profile is being damaged by identity theft, contacting an attorney as soon as possible allows the attorney to help you restore your identity sooner before further damage is done.
Why should I choose the privacy breach attorneys at Cutter Law P.C.?
Our law firm has successfully handled class action cases against large corporations such as State Farm Insurance, CSAA Insurance, and Facebook. Firm founder Brooks Cutter has been recognized at state and national levels as a Super Lawyer and has received such prestigious awards as the following:
- Presidential Award of Merit by Consumer Attorneys of California
- Best of the Bar by Sacramento Business Journal
- Advocate of the Year by Capitol City Trial Lawyers Association
We receive this type of recognition because our attorneys truly care about our clients, and we know how to get results. If you are facing identity theft or have been notified that your information may have been compromised, you do not have to fight alone. Contact a data breach attorney today for a free consultation.
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Sacramento Office
401 Watt Avenue Suite 100
Sacramento, CA 95864
Phone: 916-290-9400
Oakland Office
Cutter Law P.C.
1999 Harrison Street Suite 1400
Oakland, CA 94612
