Data Breach

What is a Data Breach?

A data breach occurs when unauthorized persons (hackers or criminals) gain access to your personal information, such as your social security number, bank account numbers, financial information, health records, passwords, or any other type of confidential or sensitive information.

Many organizations already have access to your personal information.  These include retailers, financial institutions, healthcare providers, educational institutions, and technology companies.  When these organizations are attacked by hackers or criminals, it places your personal information at risk.

If your personal information falls into the wrong hands, you can become a victim of identity theft.  Your bank accounts can be stolen.  Fraudulent accounts can be opened in your name. Your assets can be transferred to people you don’t know.  Financial losses can be catastrophic.

What Law Protects California Residents from Data Breaches?

Fortunately, California has some of the strongest laws in the country to protect against data breaches.  Here’s what you need to know:

Under the California Consumer Privacy Act (CCPA), if a data breach occurs, consumers have the following rights:

• Right to Sue for Data Breaches: The CCPA gives consumers the right to sue organizations that allow unauthorized persons to access your personal information.  Consumers can recover their actual damages or statutory damages of up to $750 per incident, whichever is greater.
• Notification: Businesses must notify consumers of any data breach involving their personal information as required by California law. This notification must inform consumers about what happened, what information was involved, what the company is doing about it, and what consumers can do to protect themselves.
• Right to Know: The CCPA gives consumers the right to know what personal information is being collected about them, why it’s being collected, and with whom it’s being shared or sold. This can be particularly relevant post-breach to understand the scope of exposed information.
• Right to Delete: If personal data was compromised in a breach, consumers can request that the business delete any personal information collected from them, subject to certain exceptions.

What Should You Do if Your Personal Information is Taken in a Data Breach?

If an organization that has your personal information is hacked, you should immediately do the following:

• Change Your Passwords: Change all passwords related to compromised accounts and enable multi-factor authentication where possible.
• Monitor Your Accounts and Credit Reports: Keep an eye on bank statements, credit reports, and any online accounts for suspicious activity. Request free credit reports from Equifax, Experian, and TransUnion.  Those reports can be requested through this link.
• Hire a Data Breach Attorney: Clapp & Lauinger LLP will help you protect your personal information and get you the compensation you deserve.

About Clapp & Lauinger LLP

For more than 30 years, the attorneys at Clapp & Lauinger LLP have been protecting the rights of California consumers and employees.  We have recovered more than $500 million for our clients in verdicts and settlements.  (Of course, results depend on the facts of each individual case, and we can’t guarantee any particular result.)  We work on a contingency basis, which means we are paid attorneys’ fees only if we recover money for our clients.  Contact us to set up a free, no-risk consultation.