Data Breach Cases in 2022

The term "data breach" refers to a situation where information is stolen from a system without the owner’s authorization.

Data breaches happen due to various reasons. In most cases, cybercriminals hack into systems and retrieve information about consumers. This information is then sold on the dark web and used for illegal purposes.

For instance, when a cybercriminal has access to your social security number due to data breach, they could take out loans under your name. Others might be able to access your banking information and make withdrawals under your name, stealing your hard-earned cash.

In some cases, cybercriminals might steal your information from various databases and systems and use them to commit crimes under your name. The most unfortunate part is that you will not know anything about it until it is too late. For example, there have been cases where innocent people have been arrested for crimes they knew nothing about. Criminals usually commit these crimes with stolen identities.

There are three main forms of data breaches, as discussed below:

Electronic Data Breach

As the name suggests, this data breach occurs when someone gains access to an individual’s private information by infiltrating a network or database. For instance, criminals might be able to access your credit card information saved by an online store.

Physical Data Breach

A physical data breach occurs when an individual illegally obtains confidential information in physical form. This could be in the form of receipts, mail, gadgets, etc.

Skimming

Skimming is when an individual uses a special device to obtain credit card information from ATMs, POS systems, gas pumps, etc. The skimming device is secretly installed in the target device to collect credit card information when the user inserts their credit card.

Data breach comes with some serious consequences. It can ruin your life or business or even put your loved ones in danger. To put things into perspective, let’s discuss some possible risks of data breaches.

Security Issues

Your private information, such as your phone number and address, could be all criminals need to ruin your life. Bear in mind that this information can be used to reveal more about you than you could ever imagine. Over the years, there have been cases of home invasions, assaults, and even rapes committed by individuals who obtained the victim’s information through the dark web.

Revenue Loss

If you own a business, a data breach could lead to losses amounting to thousands or even millions of dollars. This is because no customer would be willing to conduct business with you if they risk losing their private information.

Psychological Effects

Since hackers usually carry out most data breach incidents, they rarely fail to announce their achievements. That is one of the many ways big corporations realize their systems have been compromised. In addition, cybercriminals might demand ransom in exchange for stolen data.

But as the consumer, now a victim of data breach cases, nothing is as scary as finding out that your private information is out there, probably on the dark web. Criminals use this information to commit all sorts of crimes. As a result, the psychological effects of data breaches can negatively impact your quality of life. You will probably be constantly stressed, not knowing who has your confidential information and when they will strike.

In recent years, plaintiffs have been able to claim the following damages in their data breach lawsuits.

Risk of Injury

Data breach victims can claim compensation for the heightened risk of injury. Such a claim might have legal standing even if the injury has not yet occurred. In 2021, the US Court of Appeals for the Second Circuit ruled that data breach victims can still sue even if they have not yet experienced the impacts of data breach. The logic here is that data breach increases the risk of injury, and there is no point in waiting for the injury to happen to confirm this.

Misuse of Data

Most cyber criminals who infiltrate networks and databases do not usually do that without reason. Rather, they intend to use the information to commit crimes, such as credit card theft, fraudulent tax filing, etc. Such actions are considered misuse of data, which is also a valid claim.

Depreciated Personal Information

Your personal information is valuable. Otherwise, criminals would not spend hours trying to infiltrate networks and databases to access this information. However, your private information is only valuable if it stays private.

Your social security number is a good example. One of the reasons it is considered valuable information is because it is private and can be used to reveal so much about you. Therefore, when this information lands in the wrong hands, it loses its value.

Information that is easily available is not as valuable. For example, your social security number being all over the dark web means you may not even be able to get a loan unless you clear your name with the relevant agencies. That is how invaluable your information can be within a few hours.

Failure to Meet Expectations

When you submit your personal and confidential information to another party, such as a business, you expect them to protect it. For instance, when you enter your credit card information while shopping online, you expect the online store to keep the information safe.

But the sad truth is that some companies or entities do not have adequate security measures to protect your information. They will not tell you this but will be happy to conduct business with you.

If you expected the other party to protect your private information, but they failed to do so, you may have a failure to honor expectations claim.

Special Damages

Also known as consequential damages, these damages seek compensation for harm caused by the defendant. Again, it is important to note that the defendant does not have to be directly liable for the injuries. Rather, they may still be required to pay consequential damages if their actions played a part in the plaintiff’s injuries.

Let’s look at a data breach incident as an example. Suppose an online store loses its login credentials to hackers who sell the information on the dark web. The buyer then uses the login credentials to access your online account and buy products without your knowledge. They also use the credentials to access your credit card information, address, phone number, email, etc., and commit additional crimes.

If you hire a private investigator to locate the individual who has been misusing your information, you may be able to sue the online store for data breach and claim consequential damages. In this context, you can claim your expenses, time, effort, and the services you paid for, such as private investigation, credit monitoring, etc.

Emotional Distress

Earlier, we mentioned that data breach could cause you or your family emotional distress. It is even worse if your information has been used to commit crimes, secure big loans, etc. Many data breach victims have sunk into deep depression due to such crimes. Others spend a lot of money on antidepressants, therapy, and counseling, hoping to recover from the shock of losing their personal information to malicious individuals.

If you believe you are a victim of data breach, contact our attorneys immediately. We will review your case and let you know how to proceed. In most cases, if you have a valid claim, we might be able to file a lawsuit against the other party on your behalf.

This will depend on the specifics of your case. That said, many data breach cases are best handled through class action lawsuits. These lawsuits involve plaintiffs who have suffered similar harm due to the defendant’s actions. However, for the case to qualify as a class action, it must be certified by a judge.

Again, this will depend on many factors. You may be able to receive a higher settlement if you pursue an individual lawsuit against the defendant. But for this to work, your injuries must not be similar to other plaintiffs. If you share similar injuries, a class action lawsuit might be the best way to approach such a case.

In addition, your role in the class action lawsuit will determine how much compensation you may be entitled to if you win. Lead plaintiffs are usually entitled to higher compensation than other class members. This is because they are more involved in every aspect of the case than other class members, who only have to wait for the outcome.

The number of members in the class will also influence the compensation you may be entitled to. In most cases, the larger the class, the lower your compensation. This is because class action settlements are shared equally among class members after deducting attorney fees, legal costs, and the lead plaintiff’s share.

Experience is one of the most important things you must consider when looking for a data breach lawyer. You need an attorney who knows how to handle these kinds of cases and will take it with the seriousness it deserves. At Morgan and Morgan, we have served clients all over the United States for over three decades, and we are still going strong. Throughout these years, we have filed and won lawsuits against some of the biggest companies in the country, and you can count on us to fight for you.

Check out our most recent results here.

Experience aside, you need an attorney with access to powerful legal resources to fight for you. This is because data breach cases usually target large corporations as defendants.

Recently, companies such as Yahoo and T-Mobile have been sued for data breaches. These are multi-billion companies; they can afford some of the best defense attorneys in the country to fight for them. To win such a case, you need an even more powerful attorney.

That is where Morgan and Morgan comes in. We are the largest personal injury law firm in the United States. Our law firm boasts some of the most powerful legal resources in the US. Backed by an army of over 800 attorneys, including paralegals and experts in different fields, you can rest assured that your case is safe.

When you trust these big companies with your personal information, you expect them to act responsibly and protect it. But some companies do not care about your safety; making profits is all they care about.

You can change that by holding them accountable for their negligence.

Fill out our free case evaluation form to learn more about how our data breach attorneys can help.