What Can a Data Privacy Attorney Do for You?

Robust privacy and data protection are paramount to keeping your financial future secure and emotional well-being intact in the digital age.

Unfortunately, the companies we trust to safeguard our information can fail to protect your private data due to greed, incompetence, or even by falling prey to cyber attacks and hackers.

So, what can a data privacy attorney do for you when personal information becomes a commodity in violation of your rights?

Kazerouni Law Group APC has seen firsthand what happens when a company compromises data privacy and victims lack the understanding to fight back.

We strive to empower you with the information needed to choose a competent and experienced data breach lawyer to hold offending parties financially accountable.

What Is Data Privacy?

Data privacy protects personal information from unauthorized access, use, or disclosure. In today’s digital landscape, this can include anything from financial and medical records to social media posts and browsing history.

Data privacy lawyers handle legal issues about collecting, using, and protecting personal data.

They understand the laws and regulations regarding data privacy, such as the:

Telephone Consumer Protection Act (TCPA): This legislation defines rules for telemarketing, spam texts or calls, and automatic dialing systems. Those registered on the National Do Not Call List who receive unsolicited calls may have a case under this law.
Fair Credit Reporting Act (FCRA): The FCRA regulates how consumer credit information is collected, used, and shared by creditors and credit reporting agencies. Agencies found to be in data privacy violations may be responsible for financial damages.
Fair Debt Collection Practices Act (FDCPA): This legislation protects consumers from abusive and deceptive debt collection practices. It limits how debt collectors may communicate with individuals and what information they can share with third parties.
Data Breach Notifications Laws: These laws require companies to notify consumers and authorities in the event of a data breach that compromises personal information. Failure to do so can result in penalties and lawsuits.
California Consumer Privacy Act (CCPA): This act gives California residents the right to know what personal information companies collect and share, the right to request its deletion, and the ability to opt out of having their data sold. Failure to adhere to consumer requests for data privacy control could result in compensation for victims.

Consumer protection law includes many other regulations and statutes that vary by state. Working with a data privacy lawyer can protect your rights under the appropriate legislation.

Why Do I Need a Data Privacy Protection Attorney?

Your information has been compromised, and you receive multiple calls daily.

One of the most common legal scenarios for a data privacy attorney is when personal information is compromised, forcing the victim to endure multiple calls daily from telemarketers who acquired the information.

Beyond their stress-inducing frequency, these calls are also dangerous. Scammers often try to obtain money from unsuspecting victims and have stolen over $100 billion from unsuspecting consumers in recent years.

A data privacy lawyer can help you seek damages against companies that fail to protect your personal information from malicious intent.

Another common scenario is when a consumer’s credit information is released without permission, leading to identity theft or financial fraud. Both scenarios have severe and long-lasting consequences for the victim.

A data privacy attorney can assist you in navigating the legal process of reporting and recovering from identity theft or financial fraud. They can also help hold responsible parties accountable for their actions and seek monetary compensation for damages.

You want to protect your personal information from being shared or sold.

A person assembling wooden blocks with a lock symbol, holding a block labeled "DATA."

In today’s digital landscape, keeping personal information completely private is almost impossible. Companies constantly collect and share data, sometimes without the individual’s knowledge or permission.

Data privacy lawyers can help you understand your rights and options for controlling how your personal information is collected, used, and shared.

They can also assist in drafting legal documents such as opt-out requests or cease-and-desist letters to companies violating your privacy.

You are part of a group of people who a data breach affects.

It is easy to feel alone and powerless when a business or entity you trust compromises your privacy. However, you may not be the only one affected.

Taking a proactive approach by scheduling a free consultation with a data privacy law firm could make you the leader of a potential class action lawsuit to protect and compensate everyone affected by the data breach.

With an experienced data privacy lawyer handling the complex aspects of a class action lawsuit, you can ensure the best possible outcome for you and your fellow victims.

You are unsure if your data is being used illegally.

Recent findings indicate that Americans are bombarded with 3.7 calls from telemarketers or unsolicited numbers daily.

This frequency of contact, potentially multiplied by numerous companies, can raise alarms about the illicit utilization of your data.

Engaging a data privacy attorney can clarify the legal boundaries concerning your personal information, highlight any infringements, and assist in safeguarding your rights.

How Do Companies Get My Data?

It isn’t illegal to collect and use data. In fact, it is often necessary for companies to provide personalized services and improve their products.

However, companies must inform you at some stage that your information may be collected, sold, or shared with third parties.

Some common ways companies slip in these consent requests include:

Through online forms: When you fill out a form on a website (such as signing up for a newsletter or creating an account), you often agree that the company can sell or share your private info.
Through cookies: Websites use cookies to track browsing habits, preferences, and other data. These bits of information are considered private data and can be shared, sold, or used when you accept all cookies on a site.
Through third-party sources: Companies may also obtain their data from third-party sources such as brokers, social media platforms, or public records where this information falls under “public domain.”

Even if these companies have followed the letter of the law in seeking your consent, they may still be violating your privacy rights if they fail to adequately protect your personal information. A data privacy attorney can help you determine if any violations have occurred and take legal action if necessary.

How Can Companies Use My Private Data?

Though you may have unintentionally opted to share your data with a company, this doesn’t give them free rein over the information.

Data privacy laws regulate how companies collect, use, and share personal information.

Common restrictions on the use of personal data include:

Limitations on how long data can be stored: Companies must have a valid reason for keeping your data and cannot store it indefinitely. They must also securely dispose of your data when it is no longer needed.
Restrictions on sharing data with third parties: Companies may need to obtain additional consent from individuals before sharing their personal data with other entities or organizations.
Requirements for data security: Companies are responsible for implementing adequate measures to protect the personal information they collect, including encryption, firewalls, and other cybersecurity practices.

Violations of these rights are taken very seriously in civil and criminal courts. If you believe you are the victim of a data privacy breach or abuse, contact a consumer protection lawyer as soon as possible.

What Are My Rights to Data Privacy?

Regardless of how your data is obtained or used, you have the right to privacy and control over your personal information.

Data privacy laws give individuals a range of rights to protect their data, including but not limited to:

Right to access: You have the right to know what information companies have collected about you and how it has been used.
Right to correct: If companies hold inaccurate or outdated information about you, you can request that it be corrected.
Right to restrict: You can limit how companies use your data, such as opting out of targeted advertising or requesting that it not be shared with third parties.
Right to delete: In certain circumstances, you can request that companies delete your personal information from their databases.

You also have the power to hold companies accountable for violating your privacy rights. To secure maximum compensation when these or any other data privacy violations occur, contact an experienced consumer protection law firm as soon as possible.

The Do Not Call List and Data Privacy: What You Need To Know

One of the most common examples of what a data privacy attorney can help with is the Do Not Call List. The Federal Trade Commission (FTC) created this list in 2003 to allow individuals to opt out of receiving telemarketing calls at home or on their mobile phones.

However, your information may get sold to telemarketers or scammers through other means, such as data breaches or third-party data sharing. As a result, you may still receive unwanted calls even if your number is on the Do Not Call List.

A person in a suit uses a laptop with a holographic login screen and lock icon.

Per the FTC, you can file a complaint with them if you receive telemarketing calls after 31 days of registering on the Do Not Call List.

However, many find it more favorable to consult a data privacy attorney who can help document violations, file complaints, and seek maximum compensation for any damages incurred.

If you are not on the Do Not Call List, that doesn’t mean you must suffer through endless telemarketing calls. As per the TCPA, telemarketers must adhere to the following guidelines to remain in compliance with the law:

No calls before 8 a.m. or after 9 p.m. in the local time zone of the callee
Auto-dialers with artificial or pre-recorded voices can only call with the receiver’s express written consent.
Telemarketers must provide their name, company name, contact information, and total cost of product/service.
No more than three calls to the same number from the same company within 24 hours

Failure to adhere to these guidelines can result in legal action. A data privacy attorney can assist you in taking appropriate steps to protect your rights and secure maximum compensation.

How Much Is My Data Privacy Case Worth?

The most important aspect of a data privacy lawyer is their ability to accurately assess your case’s value.

The compensation you may recover depends on:

The cause of the privacy violation
The frequency or amount of violations
Any resulting damages or losses
The company’s level of negligence

Though it is hard to determine the actual value of your case without an experienced attorney, consider some of the typical penalties imposed on those who violate data privacy laws:

$500 to $1,500 per violation of the TCPA
Up to $1,000 per violation of FCRA
Up to $1,000 per violation of FDCPA
Up to $7,500 per violation of CCPA
As much as $100,000+ per violation of the Do Not Call List
Up to $2,500 per violation of state data breach notification laws

Violations of these or other phone or online data privacy acts often allow victims to recover legal fees and, in some cases, statutory expenses.

Though the final amount will depend on severity and extent, your odds of securing favorable compensation are better with the help of a data privacy lawyer.