Data Breach Litigation

Strauss Borrelli’s team of experienced attorneys litigate data breach class action lawsuits nationwide on behalf of individuals whose sensitive, personal information has been compromised. Our team has a deep understanding of privacy laws and cybersecurity standards. We work tirelessly to hold negligent companies accountable and obtain fair compensation for data breach victims.

Data Breach Litigation

Strauss Borrelli’s team of experienced attorneys litigate data breach class action lawsuits nationwide on behalf of individuals whose sensitive, personal information has been compromised. Our team has a deep understanding of privacy laws and cybersecurity standards. We work tirelessly to hold negligent companies accountable and obtain fair compensation for data breach victims.

What Is a Data Breach?

A data breach is when private information falls into the wrong hands. Usually, data breaches happen because cybercriminals (1) hack into computer systems, and then (2) steal people’s private information.

Your private information is valuable. That is why many data breaches occur (cybercriminals want to steal your private information). For example, cybercriminals often target—and then steal—Social Security numbers, passport numbers, driver’s license numbers, usernames, passwords, biometric information, medical records, and bank account numbers.

After a data breach, cybercriminals exploit your private information. For example, cybercriminals can withdraw money from your bank account, get loans in your name, steal your tax return, or even sell your private information to other cybercriminals on the “Dark Web.”

Holding Corporations and Institutions Accountable

Too often, data breaches happen because a corporation or institution “cut corners”—and failed to use good cybersecurity. When this happens, your private information becomes an easy target for cybercriminals.

Our attorneys hold these corporations and institutions accountable. Whenever a data breach exposes peoples’ private information, we pursue class action litigation—to secure benefits and compensation for the people exposed.

Want to know what data breaches we're looking into currently?

Are you affected by a data breach, or want to find out more about them?

FAQs

What should I do if I have been impacted by a data breach?

If you were impacted by a data breach, you may consider taking the following steps to protect your personal information.

1. Carefully review the breach notice and retain a copy;
2. Enroll in any free credit monitoring services provided by the company;
3. Change passwords and security questions for online accounts;
4. Regularly review account statements for signs of fraud or unauthorized activity;
5. Monitor credit reports for signs of identity theft; and
6. Contact a credit bureau(s) to request a temporary fraud alert.

Finally, fill out the form below and contact us. Our attorneys are at the forefront of data breach litigation. We are currently litigating numerous cutting-edge data privacy cases and have recovered hundreds of millions of dollars for our clients. We can do the same for you. While you might not be able to get your stolen data back, you can help hold corporations accountable for failing to protect your private information.

How do Data Breaches Occur?

Today, cybercriminals employ a variety of different tactics in order to breach companies’ security and access sensitive personal information. The most common of these include:

Ransomware: A type of malware that encrypts, locks away, or otherwise holds data hostage until the victim pays a “ransom.” Typically, cybercriminals will threaten to release or sell the encrypted data on the Dark Web if the victim doesn’t pay the demanded ransom.

Phishing: A type of social engineering attack that involves a threat actor masquerading as a legitimate company or individual and attempting to trick the victim into revealing their data, credentials, passwords, or download malicious software onto their computer. This attack often takes the form of fraudulent emails, text messages, or links that contain harmful software.

Stolen or Compromised Credentials: Using someone’s login credentials is the simplest way for hackers to infiltrate a service and obtain information. Cybercriminals can get their hands on credentials in a variety of ways, including buying them off the Dark Web, using brute force attacks to crack passwords, or using phishing attacks to trick people into giving them their login credentials.

Malware: Malware is malicious software that a threat actor can deploy on a victim’s computer or network that can shut down systems, allow the threat actor to bypass security, or directly steal information. Malware is often paired with phishing attacks and can be downloaded onto someone’s computer with one click of the mouse.

System Vulnerabilities or Failures: Software is complex and often has hidden errors or flaws that a threat actor can exploit if found. This can allow an attacker to not only gain access to a system, but also to view or copy sensitive information. Additionally, IT failures, such as temporary system outages, may allow cybercriminals to sneak into databases.

Human Error: Employees can make a variety of mistakes that allow cybercriminals to access certain information or gain entry to a company’s entire system. These mistakes include storing sensitive information in an unsecure location, losing information, misplacing a device containing sensitive information, falling prey to phishing attacks, mistakenly giving away information, and more.

Insiders: These breaches involve employees or those who have access to sensitive information deliberately exposing or selling sensitive data.

What types of information are typically exposed in a data breach?

In a data breach, the types of information exposed can vary widely, depending on the type of organization targeted and the data they collect. Common types of information exposed include:

1. Personal Identifiable Information (PII):

Examples: Full names, Social Security numbers, addresses, dates of birth, and driver’s license numbers.

Risks: This data can be used for identity theft, enabling criminals to impersonate victims, open accounts, or make unauthorized transactions.

2. Financial Information:

Examples: Bank account numbers, credit card details, debit card numbers, and financial transaction records.

Risks: Exposed financial data can lead to fraudulent charges, account takeovers, and other financial crimes.

3. Login Credentials:

Examples: Usernames, email addresses, and passwords.

Risks: Exposed credentials can lead to unauthorized access to accounts. Since many people reuse passwords, a breach at one site can lead to “credential stuffing” attacks elsewhere.

4. Health and Medical Information:

Examples: Health insurance information, medical records, prescription histories, and medical test results.

Risks: Exposure of health data can lead to medical identity theft, where fraudsters misuse someone’s health information for treatments or insurance claims.

5. Biometric Data:

Examples: Fingerprints, facial recognition data, retina scans, and voice prints.

Risks: Biometric data is particularly sensitive because it is nearly impossible to change. This data can be used for unauthorized access to secure facilities or personal devices.

6. Payment Card Information (PCI):

Examples: Credit card numbers, expiration dates, and CVV codes.

Risks: This data can be used for fraudulent purchases or sold on the dark web to others who may use it for fraud.

7. Intellectual Property and Confidential Business Data:

Examples: Trade secrets, product designs, research and development data, and internal documents.

Risks: Exposure of intellectual property can damage a company’s competitive position, result in lost revenue, or compromise business relationships.

8. Customer and Employee Records:

Examples: Employment history, salaries, tax identification numbers, and contact information.

Risks: Exposure of employee or customer information can lead to identity theft, harassment, or phishing attacks targeting specific individuals.

9. Communication Records:

Examples: Emails, messaging histories, and call logs.

Risks: Exposed communications can reveal sensitive discussions, personal details, or confidential company information, leading to reputational damage or legal issues.

10. Location and Behavioral Data:

Examples: GPS data, browsing history, purchasing behavior, and app usage patterns.

Risks: Behavioral data can be used for social engineering attacks, personalized phishing schemes, and privacy invasions.

Each type of information carries unique risks, but all can have serious implications for individuals and organizations alike if exposed in a breach.

Who is usually responsible for a data breach?

Responsibility for a data breach typically falls into several categories, often involving multiple parties:

1. The Organization (or Data Holder): If the organization storing data fails to follow adequate security protocols, it may be directly responsible for the breach. This can include insufficient cybersecurity measures, outdated technology, or failure to respond promptly to known vulnerabilities. Companies are often held accountable for breaches through fines, lawsuits, or penalties imposed by regulatory bodies.

2. Malicious Actors (Hackers or Cybercriminals): Hackers or cybercriminals are usually the direct cause of breaches, using tactics like phishing, ransomware, or malware to gain unauthorized access. Although identifying and prosecuting these individuals can be challenging, they can be held accountable if caught. Law enforcement agencies like the FBI or Interpol often pursue these cases, especially for breaches that cross international borders.

3. Third-Party Vendors or Partners: If a third-party vendor or partner company with access to data has a breach, the primary organization may still be held liable, especially if proper vendor security assessments were not conducted. However, third-party providers can also face accountability, depending on contracts and regulatory frameworks.

4. Insider Threats (Employees or Contractors): Data breaches can result from intentional or accidental actions by employees or contractors. An insider may be responsible if they bypass security policies or mishandle data, either unintentionally or with malicious intent. Employers can discipline or prosecute these individuals if their actions are proven to have led to a breach.

Can a company be held accountable for a data breach?

Yes, a company can be held accountable for a data breach, especially if it can be shown that it failed to meet legal, regulatory, or industry security standards for protecting personal data. The degree of accountability and the penalties involved depend on various factors, including the nature of the data, the extent of negligence, and the jurisdiction where the breach occurred.

Here’s some of the ways companies can be held responsible:

1. Regulatory Fines and Penalties: Laws such as the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA) in California, and similar data protection laws in other regions impose strict guidelines on data protection. Companies found to have violated these regulations by failing to secure personal data can face heavy fines. For example, GDPR penalties can reach up to 4% of a company’s annual global revenue.

2. Class Action Lawsuits: Individuals affected by a breach may file a class-action lawsuit if they can demonstrate harm or financial loss due to the company’s failure to protect data. In many jurisdictions, companies have been sued for negligence, especially if they ignored known vulnerabilities or failed to act promptly after identifying a risk.

3. Industry and Regulatory Sanctions: Companies in regulated industries, like finance and healthcare, are often subject to additional security requirements. Regulatory bodies (such as the U.S. Securities and Exchange Commission for financial data or the Department of Health and Human Services for health data) can impose fines, suspend operations, or even revoke licenses for companies that fail to protect consumer data.

4. Reputational Consequences: While not a formal legal penalty, reputational damage can be a severe consequence. Loss of customer trust and loyalty, stock price declines, and damage to brand image often cost companies significantly after a breach, even if there are no formal penalties.

5. Operational and Compliance Audits: In some cases, regulatory bodies may require the company to undergo mandatory audits, enforce changes in security practices, or appoint a dedicated security officer. This ongoing oversight can be costly and disruptive, effectively holding the company accountable by enforcing higher standards moving forward.

What are the risks if my personal information has been compromised in a data breach?

If your personal information is compromised in a data breach, there are several potential risks, ranging from financial loss to long-term identity theft. Here are some of the main risks:

1. Identity Theft:

Impact: Criminals can use your personal details, like Social Security numbers, driver’s license information, and full name and address, to impersonate you.

Consequences: They may open new bank accounts, apply for credit or loans, and even access government benefits or tax refunds. Identity theft can be difficult and time-consuming to resolve, potentially damaging your credit score and financial reputation.

2. Financial Fraud:

Impact: If your credit card, bank account numbers, or payment information is exposed, fraudsters can make unauthorized transactions or withdraw funds.

Consequences: This can lead to immediate financial loss, maxed-out credit limits, and bounced payments. In severe cases, the hassle of disputing charges and securing your accounts can disrupt your finances significantly.

3. Account Takeovers

Impact: When login credentials (like usernames and passwords) are compromised, criminals can gain unauthorized access to online accounts, such as email, banking, shopping, or social media.

Consequences: This can lead to lockouts, unauthorized purchases, and reputational harm. Account takeovers can also lead to further security risks if criminals use your accounts to impersonate you in phishing attacks targeting friends or colleagues.

4. Phishing and Social Engineering Attacks

Impact: With access to personal details, attackers can craft convincing phishing emails, texts, or phone calls to trick you into providing additional sensitive information.

Consequences: Phishing attacks can lead to more significant security breaches, including theft of financial details, additional logins, or malware infections on your devices.

5. Medical Identity Theft

Impact: If health or insurance data is exposed, criminals can use this information to receive medical services or fill prescriptions under your name.

Consequences: This can lead to inaccurate medical records, denial of health benefits, and out-of-pocket costs for unauthorized treatments. It can also compromise your privacy and even affect your eligibility for certain types of coverage.

6. Tax and Employment Fraud

Impact: Stolen personal information can be used to file fraudulent tax returns and claim refunds in your name or to secure employment with falsified credentials.

Consequences: This can lead to tax issues, delayed refunds, and conflicts with the IRS. Fraudsters could also cause reputational damage if they commit illegal acts under your identity.

7. Reputational Damage

Impact: Exposed private communications, such as emails, messaging history, or social media activity, can be used to embarrass or manipulate you, especially if sensitive or confidential information is included.

Consequences: This can lead to reputational harm, strained personal and professional relationships, and even blackmail in severe cases.

8. Compromised Biometric Data

Impact: If biometric data like fingerprints, facial recognition data, or retina scans are exposed, it poses a unique challenge, as these identifiers are difficult to change.

Consequences: Criminals may use biometric data for unauthorized access to systems or devices. Unlike passwords, biometric data is nearly impossible to replace once compromised.

9. Loss of Privacy

Impact: Sensitive information, like location history, browsing behavior, or purchase history, can be exposed.

Consequences: This can lead to loss of privacy and increased risk of stalking or harassment. Personal behavior patterns may be exploited by scammers to create highly targeted attacks or used by marketers in ways that feel invasive.

10. Social Security and Government Benefits Fraud

Impact: Criminals who gain access to your Social Security number can apply for government benefits, unemployment claims, or disability benefits under your name.

Consequences: This can cause issues with eligibility for future benefits and trigger lengthy administrative processes to correct fraudulent claims.

How long can the effects of a data breach impact me?

The effects of a data breach can vary in duration, but some impacts can last for months, years, or even indefinitely. Here’s how the timeline of potential consequences might look:

1. Immediate to Short-Term Impacts (Days to Months)

Financial Fraud and Account Takeovers: Following a breach, criminals may attempt immediate financial fraud, such as unauthorized charges on credit cards or takeovers of online accounts. Monitoring your accounts closely during this period is essential, as these attacks often happen within days or weeks of a breach.

Phishing and Social Engineering Attempts: Attackers frequently use stolen information to launch targeted phishing scams in the short term, exploiting victims’ initial vulnerability.

2. Medium-Term Impacts (Months to a Year)

Credit and Loan Fraud: Identity thieves may use compromised information to open new credit lines, loans, or even mortgages in your name, which can continue over several months. These activities may not appear on your credit report until they are overdue or in collections, so regular monitoring is crucial.

Medical Fraud and Insurance Issues: Health information breaches may take longer to detect and can lead to fraudulent claims for months. Often, victims discover this type of fraud only when they receive unexpected bills or are denied coverage.

3. Long-Term Impacts (Several Years)

Identity Theft and Stolen SSN Use: Social Security numbers, once stolen, can be misused for years. Fraudsters may wait to exploit this data long after a breach or sell it on the dark web for prolonged periods, meaning identity theft could occur well into the future.

Reputational Damage and Privacy Issues: If sensitive information, such as private communications, is exposed, it can have lasting effects on your reputation or personal relationships. This information could resurface at any time, particularly if it's stored or distributed online.

4. Indefinite or Permanent Impacts

Biometric Data Compromise: If biometric data (such as fingerprints or facial recognition data) is exposed, it poses unique, permanent risks because these identifiers cannot be changed. This could result in ongoing security vulnerabilities.

Credit History and Financial Reputation Damage: If the breach affects your credit report through unresolved fraud, it may harm your credit score, affecting your financial reputation indefinitely. The time and effort required to resolve this can be significant, especially if fraudulent accounts are reported to collections.

What can I do to mitigate the long-term risks?

Regular credit monitoring, identity theft protection services, and vigilance in tracking your financial accounts can help you detect and address any long-term impacts. In some cases, freezing your credit or changing essential information (such as Social Security numbers in extreme cases) can provide further protection.

Overall, the duration of the impact depends on the type of information compromised, the attackers’ motives, and the preventive actions you take.

Our Victories

$3,000,000

Utilities Company

Leaked email addresses

$8,450,000

Utilities Company

Disclosed medical records

$200,000

Space Agency

Beamed top secret info

“They helped me regain my life back do to fraud issues from a previous employer identity breach. All my personal information was accessed and it ruined my life for a few years. They helped me protect my identity but also helped recover some funds back for my losses. They never gave up no matter how frustrated or upset I was — they did what they had to do to make sure I was taken care of, and that they did. I fully respect and recommend them any day of the week thank you guys again.”

-Tyler, client

About the Firm

Our attorneys have successfully prosecuted numerous TCPA cases across the country. If you believe that any calls, text messages, or voicemails you have received violate the TCPA, we would be happy to discuss your rights and potential legal remedies with you. Please fill out the form below to inquire about a free consultation.

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One Magnificent Mile
980 N Michigan Avenue, Suite 1610
Chicago, Illinois 60611

Phone: 872.263.1100
Toll Free: 866.748.6220

One Magnificent Mile
980 N Michigan Avenue, Suite 1610
Chicago, Illinois 60611

Phone: 872.263.1100
Toll Free: 866.748.6220

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©2024 STRAUSS BORRELLI PLLC. ALL RIGHTS RESERVED. ATTORNEY ADVERTISING.

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