Consumers whose information was stolen as a result of a data breach can pursue claims as a result of the breach. Over the past decade, there have been hundreds of breaches in which consumers’ and employees’ social security numbers, financial information and other personal data was stolen. When a company fails to exercise reasonable care in protecting their customers’ information and a data breach occurs as a result, those affected by the breach may be able to join together and file a class action suit against the company.
At Lamothe Law Firm, our attorneys are dedicated to helping consumers who suffered financial and reputational harm file lawsuits against the companies subject to these invasive data breaches. If your credit card information, social security number or other private information was stolen as a result of a data breach, the attorneys at Lamothe Law Firm can help you. We have a national reputation for excellence.
WHAT CAN A LAWYER DO TO HELP YOU?
Large retailers are required to ensure their customers’ information is kept reasonably safe
and may be liable for any resulting damages when they fail to do so.
If we believe you may have a case, our data breach attorneys may do the following to help you obtain legal relief:
1. Investigate the Data Breach
- Determine if the merchant negligently failed to adopt safeguards that would have prevented the data breach from occurring, such as encrypting personal information belonging to customers
- Determine if the merchant notified customers as soon as possible after it learned of the data breach
- Work with local, state, and federal authorities, including the Federal Trade Commission
- Obtain a complete list of all the individuals affected by the data breach
- Review the company’s policies and procedures or user agreements with its customers to determine if the company violated its own policies and procedures
- Compare the company’s policies and procedures to commonly accepted and widely practiced industry standards
- Determine if any state laws have been violated. For example, Florida has a state law that requires companies that have been victims of data theft to report the breach to any customers whose data was stolen within 45 days following the discovery of the breach
2. Determine the Amount of Damages You Suffered
Our attorneys can also help determine the damages you incurred as a result of the data breach and seek compensation for these losses. These damages may include the following:
- Unreimbursed cost of replacing credit and debit cards, obtaining credit reports and credit insurance
- Service fees charged by companies that will help secure personal information and monitor your accounts to make sure fraudulent activity is not occurring
- Expenses associated with correcting erroneous information
- Any out-of-pocket expenses you incur as a result of the data breach
3. File a Lawsuit Against the Liable Parties
Our attorneys will help you determine whether you can take legal action over the breach. In most cases, data breach lawsuits are handled as class actions, in which a single plaintiff or a small number of plaintiffs file a lawsuit on behalf of all individuals who have suffered a similar harm. Numerous high-profile class action lawsuits have been filed against Target, Neiman Marcus, Michaels Stores and other retailers who allegedly did not take adequate measures to protect their customers’ credit and debit card information.
Help For Victims of Identity Theft
According to the Department of Justice, “identity theft and identity fraud are terms used to refer to all types of crime
in which someone wrongfully obtains and uses another person’s personal data
in some way that involves fraud or deception, typically for economic gain.”
The Privacy Rights Clearinghouse has a checklist of what to do if you have been a victim of identity theft.
If you would like more information
on your potential legal rights following a data breach,
call us today at 504-704-1414 for a free consultation.