The type of evidence that you need in some states—because each state has different laws—or if you’re in federal court, depending upon which jurisdiction, the jurisdiction could have different laws. Some require that you actually have evidence of fraud, and that means that you can prove that something’s actually happened to you as a result of the breach, and that somebody’s done something improper that resulted in you having damage.
In some states, you can have a case if you can show that your data is out in what we call the dark web, which means it’s been released out into the internet, basically where others—just about anybody—can go and view it, or sometimes the cybercriminals are out there selling it.