Data Breach Lawyer
When your rights and interests are harmed by a data breach, you may be entitled to seek legal compensation. You can join a class action or pursue an individual claim with the help of a data breach lawyer specializing in this complex area of the law. Contact us today to connect with an attorney. This article explains your legal options if your personal information was compromised in a data breach.
Starting or Joining a Data Breach Class Action
If a class action has been filed yet after a data breach, you may be able to start one with the help of an experienced data breach lawyer. Class actions allow many people affected by the same issue to band together and pool their resources.
What Are the Perks of Being a Class Representative or Lead Plaintiff?
Lead plaintiffs work closely with the class action attorneys overseeing a case on behalf of the entire class. Lead plaintiffs may be eligible for an “incentive award” for the extra time and effort they spend representing the class. However, their primary responsibility is to help obtain relief for the entire class.
What if There Is an Existing Class Action Lawsuit?
If there is already a class action related to the data breach you were impacted by, then you may be able to join. Joining an existing class action is typically the best option for most people as opposed to pursuing an individual claim.
The primary advantage is that you can receive compensation without having to become deeply involved in litigating the case. On the other hand, compensation could potentially be lower than with an individual lawsuit. An attorney can evaluate the pros and cons of bringing an individual case based on your unique circumstances.
Individual Data Breach Lawsuit
Again, in some cases, you can pursue an individual lawsuit rather than join a class action. Here are some examples of when taking individual legal action may be better:
- Your damages are greater than that of others in the class – For example, if your breached information led to identity theft that caused you uniquely high financial losses, it may be best to pursue an individual case.
- You want a faster resolution – Class actions can take a long time. In some situations, you may be able to resolve your case and receive compensation more quickly if you file solo.
- You want more control over who represents you – Unless you are the lead plaintiff, you will have little say in how a class action is handled. Remember, you may have to officially opt out of a class action before filing an individual lawsuit.
What Are the Risks of an Individual Claim?
Though individual claims sometimes resolve more quickly than a full-fledged class action, you will have to invest more of your personal time and energy if you choose to opt out of an existing class action. Remember, if your individual case is not as legally solid as the ongoing class action, you could potentially lose and get nothing. You will also have to cover the legal costs of an individual claim, though your attorney will likely work on a contingency fee basis, meaning you’ll pay nothing unless they win your case.
Why Pursue Financial Compensation for a Data Breach?
If your data was compromised in a breach, you may have legal grounds to pursue compensation for things like:
- Identity theft
- Invasion of privacy
- Financial losses
- Emotional distress
- Costs to prevent further harm (e.g., credit monitoring services)
- Attorneys fees
What To Do if Your Data Was Breached
Data breaches are an unfortunately common reality in our current digital age. If you’ve been affected by a breach, it’s crucial to act swiftly. Take the following steps after a data breach:
- Assess the damage – Determine what information was compromised. Was it just your email address or phone number, or more sensitive data like passwords or your Social Security number? This knowledge should shape your response.
- Fortify your defenses – Update compromised passwords immediately. Use unique, complex passwords for each service. A password manager can help. Enable two-factor authentication and other security features wherever possible.
- Monitor vigilantly – Keep a close eye on your financial statements and credit reports. Set up alerts for unusual activity on your accounts. Early detection is key to minimizing potential harm.
- Consider a credit freeze – Freezing your credit report prevents new accounts from being opened in your name. It's a stronger measure than a simple fraud alert. Under a federal law passed in 2018, freezing your credit with all three major credit bureaus—Equifax, Experian, and TransUnion—is free for all consumers. When a vendor or bank needs to check your credit, simply unfreeze it. As soon as you know the credit check has been completed, re-freeze your credit report.
- Stay alert – Watch for signs of identity theft, such as unexpected bills or strange account activity, and promptly report any suspicious findings.
- Explore your options – Depending on the scale of the breach, you might be eligible to join a class action lawsuit. If you suffered significant damages, an individual lawsuit could also be worth considering.
Remember, vigilance is the foundation of a strong defense against data breaches. By taking these steps, you’re not only reacting to a breach but also building resilience against future threats.
How Much Is a Data Breach Settlement Worth?
The value of data breach settlements varies widely based on many factors, including the:
- Number of people affected.
- Type of information compromised.
- Actual misuse and damages caused by the breach.
- Applicable laws and liability limits.
As compensation for their extra responsibilities and effort in the case, lead plaintiffs may receive a higher payout than other members of their class. However, their incentive award will depend on what the presiding court ultimately approves.
What Are Some Notable Data Breach Class Action Settlements?
Among the largest data breach fines ever imposed was a $1.3 billion fine against Meta, the parent company of Facebook and Instagram. It was issued in 2023 by Ireland’s Data Protection Commission as a penalty for violations of data protection laws in the European Union. Other major settlements and fines include the following:
TikTok – $370 million
T-Mobile – $350 million
Large corporations have colossal amounts of consumer information in their databases. On the one hand, they have a legal duty to protect that data, including by erecting strong barriers to prevent breaches. On the other, the sheer size and value of their database makes them a prime target for criminal activity trying to steal consumer information.
How To Start a Data Breach Class Action
Thinking of filing a class action lawsuit? Here’s what you need to know.
First off, there’s no magic number of people required, but having more potential class members can bolster your case. The key is showing that many individuals were similarly affected by the defendant’s actions.
To get the ball rolling, you’ll need to meet specific legal criteria. Important factors include whether the law and facts overlap across individual cases and whether the attorney filing the class action can adequately represent the class.
The process of filing a class action is complex. You’ll need to find a data breach attorney specializing in these kinds of cases, file a complaint, and convince a judge to certify your case as a class action. If your class action is approved, you’ll become the lead plaintiff. This role comes with responsibilities—as well as potential perks—that other class members won’t have to worry about.
An experienced attorney can help you file a class action lawsuit. Don’t worry if you believe you have a viable class action but do not want to be a lead plaintiff, as there may be other similarly impacted individuals better suited to the role.
How Much Does It Cost To File a Class Action?
Most class action attorneys work on a contingency basis, meaning you will pay nothing unless they win your case. However, be prepared to invest time and energy if you decide to take on the responsibilities of a lead plaintiff.
Contact Class Action U for Help With Your Class Action Lawsuit
If your personal information was compromised in a data breach, you may be able to pursue legal compensation and prevent future harm through a class action. An experienced data breach attorney can determine if you have a viable case and assist you with filing a class action as the lead plaintiff if one has not already been initiated.
Class Action U can connect you with an experienced data breach lawyer specializing in class actions. The sooner you act, the better your chances of building a strong case and securing fair compensation for yourself and members of your class. Contact us today to learn more at no cost to you.
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