Attorneys Representing Data Breach and Identify Theft Victims
One of the most significant wrongs that can befall people today is an internet breach of their financial or medical records, or other forms of what is called a "data breach." Another term for the damage done is "identify theft."
There are precedents for aggrieved persons successfully suing any company which causes or allows a data breach.
Examples of data breaches are:
- Release of your financial worth and other records
- Release of your social security number
- Release of your medical records, including diagnoses and treatment.
At the New York law firm of Rheingold Giuffra Ruffo & Plotkin LLP, our attorneys provide consumer class action representation for individuals who have been defrauded by advertisers. Since our firm's strong suit is its extensive experience in mass tort litigation, involving congregating a large number of plaintiffs in one suit, we believe we are equipped to pursue serious identify theft and data breach cases. Contact our Senior Partner, Paul D. Rheingold at (888) 260-0473, or contact us today online to share with us about your circumstances.
Your personal information may loss its private nature by any number of ways. The most common is posting to the web. But lawsuit s have also involved losing unsecured laptops or by having insufficient security guards against a hacking attack
It is quite apparent how one may be injured by these disclosures. Their right to privacy is invaded if personal information is posted on line. Orders may be placed on credit cards, and a people may actually have their credit ruined. Even if no financial loss actually occurs, a person may have had to spend money and time in changing accounts or trying to correct errors now entered into databases. Damage to reputation also occurs with these data breaches.
Most states have a law that a company which has had a breach of security must quickly alert the customer, patient or other person whose data has been inadvertently released, as well as inform governmental authorities. These laws often have built-in fines for companies which do not make these revelations. A few state laws, California being one, also set up a private cause of action for the person who has sustained an identity theft. Suits may be predicated on breach of contract, unjust enrichment, fraud, and negligence. And various statutes may be utilized as a basis for suit, such as unfair business practices, fair credit reporting, or privacy acts.
Although the damage to any one person may be small, courts have allowed class actions as a means for many persons to sue at once. This allows them to spread costs and have more bargaining power when it comes time for settlement.
An excellent analysis of some 230 recent lawsuits for data breach is in Romanosky, "Empirical Analysis of Data Breach Litigation," to appear in the Journal of Legal Empirical Studies."