Personal Data Breach Lawyer
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When you need help from a personal data breach attorney, look no further than our firm’s nationally-recognized and respected attorneys. We have one of the largest and most successful consumer protection law firms in the United States, and our dedication is to protect the little guy.
We take on cases others believe are impossible to win – and we get results. We have obtained landmark court decisions and over $750 million for our consumer clients. Contact us to learn how we can assist with your situation.
Fraudsters Can Steal Sensitive and Critical Information
When you do business or have a relationship with an entity, they may have your sensitive personal information housed in their system.
Someone else may have possession of things like your:
- Bank account number
- Social Security Number
- Driver’s license number
Bad actors may gain access to the system by using several means. When someone else steals this data, they often have more than enough to commit identity theft. They may sell the information to someone else who will steal your identity.
You may find that someone has opened credit cards in your name or even stolen from your bank account. Statistics show that one in every four people who have their personal data stolen are victims of identity theft.
In the meantime, you constantly worry knowing your sensitive information is out there. You have no idea what thieves will do with it.
Many hackers sell your data. For example, they will sell your bank login information for as little as $50. They will also sell your credit card information and your hacked Facebook account. Since hackers make money, they are more incentivized to steal additional data.
How Hackers Steal Your Information
Fraudsters can steal your information using several tactics, including:
- Injecting malware onto a computer to steal data
- Gaining access to a system using a phishing attack
- Persuading an insider in the company to give them access to a system
- Committing a ransomware attack that takes control of the network
Companies Often Do Not Do Their Part to Protect Your Sensitive Data
In the meantime, some companies may make bad actors’ jobs easier for them by:
- Failing to patch vulnerabilities in their networks
- Failing to protect laptops that can contain sensitive data or allow for access to the system
- Failing to train employees on how to deal with phishing attacks
- Committing human error
You expect someone else to take the necessary steps to protect your sensitive information. However, you have little control over the measures that they trust. You trust they have the cybersecurity to keep your data from being stolen. You are shocked and dismayed when you learn that the company did not do its job, leaving you vulnerable and exposed.
Companies are often careless, and hackers are becoming more sophisticated. The result is that there has been an explosion of hacking incidents and ransomware incidents. Practically everyone has gotten a notice at some point of a breach regarding their personal information.
Large Personal Data Breaches in Recent History
One of the largest data breaches in American history occurred when hackers stole a trove of information from Equifax.
Most people have heard of the Equifax data breach because it affected them. More than 40 percent of the country potentially had their data exposed. Because Equifax is a credit bureau, they had quite a bit of sensitive personal information. Equifax paid $425 million to settle a massive class action lawsuit.
As widespread as the Equifax data breach was, it paled compared to a breach of Yahoo that compromised three billion accounts. Two hackers working for Russian intelligence gained access to the Yahoo network in a simple phishing attack.
It does not matter how large a data breach is. If someone exposed your data, it is a massive problem as far as you are concerned. You can and should take legal action.
Your first step is to call a personal data breach lawyer, and The Kazerouni Law Group is here to fight for you. We can hold the company that was supposed to protect your information responsible for what they did not do. We take every possible measure to get compensation for you, knowing that it means justice.
The California Consumer Protection Act
In 2020, California law began providing for a private right of action that allows you to file a lawsuit for personal data breaches when you are a consumer. You do not have to prove actual damages, but it can help your case if you do.
You have a right to compensation if the company that held your information fails to implement appropriate security practices.
If your case is successful, you can receive the following damages:
- Between $100 and $750 for each incident or per consumer
- Your actual damages from the breach
You are entitled to whichever measure is greater.
However, the company also has an out. You have to send them notice that you have filed for statutory damages. They may not have to pay you statutory damages if they cure their violation within 30 days of receiving the notice. You still can receive actual damages. Even if you cannot receive statutory damages, you can still file a lawsuit on other grounds.
Data breach lawsuits are often class action cases. In a class action lawsuit, many people suffering the same harm banded together to seek financial compensation. Class action lawsuits are efficient for plaintiffs (who do not need to file thousands of individual cases) and the court system.
Defendants hate class action lawsuits because they make it easier to sue. The defendant will do everything possible to persuade the court not to certify the class.
The vital thing to know is that you still need to prove your case to be in a position to receive financial compensation. The company that failed to protect your data is not automatically liable because someone stole your data. You will need to prove some type of wrongdoing on their part.
Your Grounds in a Personal Data Breach Lawsuit
Data breach cases usually proceed on state law grounds. No single federal law gives you the right to seek compensation for data breaches.
Here are some common grounds in data breach lawsuits:
- Breach of fiduciary duty
- Breach of contract
- Breach of warranty
- Unfair or deceptive trade practices
A Personal Data Breach Lawsuit Can Be a Tough Fight
Data breach lawsuits are not always easy. While many of these cases end in settlement agreements, getting there takes a lot of work. The responsible company will not automatically write you a check and say they are sorry.
They will try to defend themselves and defeat your case. Companies will do everything they can to evade the consequences they should face for data breaches and resulting harm.
Defendants try to use several tactics to defeat your lawsuit. They come up with creative arguments, like saying that you were not affected and did not have the standing to sue.
Their first step is to try to find grounds to have your lawsuit dismissed. If they fail, they may then attack your case on the merits. They may claim that they did take adequate steps to protect your data, and the breach still occurred anyway.
You need an attorney who can help prove your case and gather the information necessary to prove what went wrong and why the defendant was responsible for what happened. Your attorney can obtain the information in the discovery process.
The attorneys at Kazerouni Law Group take an aggressive approach to putting you in a position to win. We diligently and tenaciously pursue your case to get the needed evidence.
Your Damages in a Data Breach Case
If you are filing and win a lawsuit for a data breach, you may recover compensation to pay for:
- The costs to monitor your credit
- Unauthorized charges to your credit card
- Money someone s from your bank account
- Damage to your credit
- Emotional distress from knowing bad actors have your data and can do you harm
In some cases, the defendant may even be hit with punitive damages by a jury. If the defendant was careless and allowed widespread harm and damage to many, an angry jury may seek to punish them.
Defendants are terrified of massive punitive damages verdicts, which often motivates them to settle your case before it can reach a trial if they cannot get a dismissal entirely.
If your lawyer settles your case, part of the settlement may be a required investment that the company must make to prevent future breaches. The company may continue to hold your data, and you want to ensure that something like this never happens again. For example, in the Equifax lawsuit, the company was obligated to spend $1 billion in cybersecurity upgrades.
Why You Need an Attorney for Your Personal Data Breach Case
You should always hire a lawyer for your data breach lawsuit. When you do, contact The Kazerouni Law Group. We are dedicated to protecting the rights of consumers and holding companies accountable when they violate your rights. We stand up for people and are unafraid to take on any defendant or their lawyers.
When you do select an attorney to represent you, they will:
- Assess the situation and help determine whether a breach occurred
- Review your specific case to help determine whether there are damages
- Build your case by obtaining evidence through the court process
- Negotiate a potential settlement with the responsible party
Your lawyer needs to be proficient in the technology underlying data storage and understand what companies should do to protect your information.
At The Kazerouni Law Group, we have handled data breach cases and know what to look for when we investigate. We will fight back when the company tries to keep you from getting what you deserve. Our consumer protection lawyers will not hesitate to take your case to court and litigate if we cannot reach a fair settlement on your behalf.
Contact a Personal Data Breach Lawyer Today
The attorneys at the Kazerouni Law Group are standing by and ready to fight for you against powerful corporate interests that have done you wrong. Just because a company is large does not mean that it can get away with breaking the law.
No amount of money they can spend on lawyers can obscure the fact that they should owe you money.