Ordering groceries, checking your bank account, posting on social media, streaming TV shows, exchanging health information with your doctor—our day-to-day lives are inseparable from the internet.
How Do I Know if I’ve Been the Victim of a Data Breach?
Data breaches—and data breach lawsuits—are regular aspects of the digital age. The companies that receive our personal data through these activities are obligated by law to keep it safe. You deserve compensation when your sensitive data is leaked.
Data breaches can result from various security vulnerabilities, including:
- Financially motivated incidents, such as ransomware and extortion
- Inadequate security measures leading to unauthorized access
- Insider threats from employees or contractors
- Human error, such as accidental data exposure
- Physical theft or loss of devices containing sensitive information
Financially motivated incidents, including ransomware and extortion, remain prevalent, driving the surge in cyberattacks. Stolen information is often sold on the dark web, posing significant risks for consumers. As we spend more time online, our expanding digital footprints provide ample opportunities for cybercriminals to exploit our personal information.
At Woods Lonergan PLLC, our data breach lawyers believe data privacy litigation is about protecting people’s privacy and personal identity, safeguarding individuals’ unique characteristics and information in the digital realm.
Our attorneys litigate class action lawsuits alleging massive data breaches and other violations of consumers’ personal and data privacy. We are committed to using consumer protection laws to push companies to prioritize security, making the internet a safer place for everyone.
If you suspect you may be a victim of a data breach, look out for the following signs:
- Unexpected Account Activity, such as password changes or unauthorized purchases
- Suspicious emails or phone calls requesting personal information
- Credit report irregularities, such as new accounts or inquiries you don’t recognize
- Notification from a company about a data breach incident
Contact us online or call (212) 684-2500 if you have received notice that your personal data has been compromised in a breach.
What are the Consequences of a Data Breach?
Consumers become victims when companies fail to protect their personal information. Whether through misuse, improper safeguards, or outright sale of private data, these breaches can have severe consequences for individuals.
These consequences include financial loss, identity theft, emotional distress, and damage to credit scores. Certain demographics such as older adults, minorities, and women are more at risk for targeted scams.
Additionally, sectors like healthcare organizations and financial institutions are particularly vulnerable to cyberattacks. Cybercriminals can create hyper-targeted and elaborate scams when they use sensitive health and financial data of vulnerable demographic groups that have been stolen.
Data Breach Settlements and the Escalating Risk of Cyber Attacks
The scale of this problem is staggering. In just the first half of 2024, there were 2,741 publicly disclosed data breaches in the USA, affecting over 6.8 billion records, with expectations of this increasing year over year. Recent data breach settlements have provided significant compensation to victims.
Equifax agreed to a $650 million settlement for a breach that impacted 147 million people. In the healthcare sector, Anthem paid a record-breaking $16 million settlement to the U.S. Department of Health and Human Services following a cyber-attack that exposed the sensitive health information of nearly 79 million people.
What are the Legal Protections and Rights for Victims of Data Breaches?
When you give your sensitive information to a company, you have an expectation that they’re going to protect it, that they have a duty to do so. If they fail to uphold that duty and your data is breached, you may deserve compensation.
To sue a company or organization for a data breach, your attorneys will investigate the claim and then determine if the data breach was the result of negligence, and if the company whose data was breached failed in their “duty of care” to protect your data.
Companies are required by law to notify individuals impacted by a data breach. All 50 states and U.S. Territories have enacted legislation mandating reporting to state authorities and notifying impacted consumers via notification, or by other means.
When a group of people receives notice that their personal data has been compromised, they can come together to form a class. This collective action often leads to a class action lawsuit against the company responsible for failing to safeguard your data.
Navigating the complexities of data breach litigation often requires the expertise of attorneys well-versed in complex litigation, especially when dealing with class action lawsuits or cases involving multiple claimants and jurisdictions.
What Federal and State Data Breach Laws Protect Consumers?
At the federal level, sector-specific laws come into play. For instance, the Health Insurance Portability and Accountability Act (HIPAA) requires healthcare providers to notify individuals of breaches involving their protected health information. Similarly, financial institutions must adhere to the Gramm-Leach-Bliley Act (GLBA)’s notification requirements for breaches of customer information.
The Federal Trade Commission Act (FTC Act) also plays a pivotal role, as the FTC can bring enforcement actions against companies that fail to implement reasonable data security measures. Additionally, the Computer Fraud and Abuse Act (CFAA) criminalizes unauthorized access to protected computers, which is often relevant in hacking-related data breaches.
Many state laws also require companies to notify state Attorneys General or other officials if the breach affects a certain number of residents, typically 500 or more. For example, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) provide significant rights to California residents regarding their personal information and impose strict requirements on businesses.
New York’s SHIELD Act expands data breach notification requirements and imposes stringent data security measures. The Illinois Biometric Information Privacy Act (BIPA) regulates the collection and use of biometric data, which is crucial in cases involving such sensitive information.
Additionally, some states mandate that companies offer credit monitoring services to affected individuals if the breach involves Social Security numbers. All 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands have enacted legislation requiring notification of security breaches involving personally identifiable information.
It’s important to note that these laws can vary significantly from state to state in terms of what constitutes a breach, the timeframe for notification, and the specific content required in the notices.
This complex patchwork of regulations underscores the need for experienced class action lawyers who can help victims navigate the intricacies of data breach litigation across multiple state jurisdictions.
Emerging Federal and State Data Privacy Legislation in 2024
The landscape of data privacy law in the United States is rapidly evolving. Federally, the proposed American Privacy Rights Act (APRA) of 2024 aims to establish a comprehensive national framework for data privacy and security. This act would create uniform consumer data rights, regulate AI use, and potentially supersede many state laws.
Meanwhile, states like Rhode Island, Minnesota, Maryland, New Hampshire, and Nebraska are enacting their own data privacy laws. These typically grant consumers rights to access, delete, and correct their data, and opt out of certain data processing activities. This legislative trend reflects a growing commitment to stronger data privacy protections nationwide.
Get Expert Legal Assistance for Your Data Breach Case
As this complex legal landscape continues to evolve, Woods Lonergan’s data breach attorneys stand ready to protect your rights and interests. We leverage our deep understanding of current and emerging data privacy laws to provide you with expert guidance and robust legal representation.
Don’t let the changing rules leave you vulnerable – contact us online or call (212) 684-2500 today to ensure your personal information remains safe and secure in this digital age.