Is it worth suing over a data breach?

Asked by: Larue Bailey  |  Last update: May 2, 2025
Score: 4.3/5 (43 votes)

Civil data breach lawsuits are particularly important for data breach and identity theft victims because these claims can provide victims with financial compensation.

How much can I sue for a data breach?

Penalties. Individuals harmed by a data breach can start a civil action to recover any incurred damages, with the exemption of individuals affected under the medical information-specific statute in California. The maximum amount awarded for a single event cannot go over $250,000.

Can I be compensated after a data breach?

If an organization does not protect your personal information as required by law, you can claim compensation for such data privacy breach, which may include financial loss, emotional distress and/or inconvenience suffered.

Can I sue a company if there was a data breach?

You can sue for real damages when a data-breach occurs. You have to prove that your data was stolen, show how the company failed to meet an established standard for protecting your data, and prove what damages you actually suffered as a result of the data breach.

Am I personally liable for a data breach?

State and federal data privacy laws in the U.S. do not impose civil liabilities in the event of a cyber intrusion. Typically, liability is imposed if the following conditions exist: An entity failed to implement safeguards required by statute or reasonable security measures.

Data Breach Legal Advice with Shannon McNulty

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Has anyone received money from Equifax settlement 2024?

Important Settlement Update

The settlement administrator has been sending out payments for out-of-pocket losses, time spent claims, and other cash benefits. In November 2024, the settlement administrator will be sending prepaid cards with additional payments to those who previously received a payment.

How much is a data breach worth?

In 2024, the average cost of a data breach reached a staggering $4.88 million, marking a 10% increase over last year. This sobering statistic underscores a disturbing trend in our increasingly digital world: data breaches are becoming more frequent, more sophisticated, and significantly more expensive.

How long does a data breach settlement take?

A claim for data breach compensation could take anywhere from a few months to a few years to resolve. If the surrounding circumstances are relatively clear cut and the organisation accepts a settlement, you can expect the process to proceed much faster.

How much compensation can you get for breach of contract?

In a breach of contract case, damages typically cannot exceed four times the actual losses. However, the exact amount depends on the specifics of your case. Consult with a lawyer to determine the potential damages you may recover.

What is the biggest data breach settlement?

Meta's $1.4 billion settlement with the Texas Attorney General for unlawful collection of biometric data in violation of the Texas Capture or Use of Biometric Identifier Act and The Deceptive Trade Practices Act (largest ever privacy settlement in the U.S.).

How much does it cost to recover from a data breach?

The average cost of a data breach includes the following global averages: $4.45 million average total costs of a data breach. The cost per lost record is $165. Time to identify and contain the breach is 277 days.

How much can you be fined for a data breach?

The EU GDPR sets a maximum fine of €20 million (about £18 million) or 4% of annual global turnover – whichever is greater – for infringements. However, not all GDPR infringements lead to data protection fines.

How long after a data breach can you claim?

The act that limits how long you have to claim data breach compensation is the Limitation Act 1980. This act sets out the time limit for making a compensation claim for a data breach, which is generally six years from the date of the breach.

What are the damages for data breach lawsuit?

Data breach lawsuits

Plaintiffs typically seek damages for unauthorized charges, damage to credit, cost of credit monitoring, cost of replacement credit cards, time and expenses incurred to investigate, and emotional distress.

How serious is a data breach?

A data breach can lead to organizations not only losing their data, which could be sensitive financial information or corporate secrets, but they can also suffer fines, financial loss, and reputational damage, which are often irreparable.

Can I get compensation for a data breach?

If you make a successful claim for a breach of your personal data, you could be awarded compensation for your material damage (money lost because of the compromise of your data) and non-material damage (harm to your mental health due to the data breach).

How much will each person get from Equifax settlement?

In 2022, Equifax offered affected Americans $125 or 10 years of free credit monitoring, although some customers reported receiving less than their share.

What should I do after a data breach?

If you're notified that your personal information was exposed in a data breach, act immediately to change your passwords, add a fraud alert to your credit reports and consider placing a security freeze on your credit reports.

What is the latest data breach in 2024?

The biggest data breaches of 2024
  • Infosys (8.5 million records) ...
  • UnitedHealth (100 million individuals) ...
  • Young Consulting (950,000 individuals) ...
  • Ticketmaster (40 million individuals) ...
  • Evolve Bank (7.6 million individuals) ...
  • Dell (49 million customers and 10,000 employees) ...
  • Tile (66 million individuals) ...
  • Snowflake (Unknown)

How to calculate the cost of a data breach?

Simulating data breach cost
  1. Randomly select a breach size between 0 and 100 000.
  2. Calculate the probability based on the new breach size.
  3. Figure out if the breach occurs that year.
  4. Calculate the cost for that year and add the costs to the total data breach costs.

What is the most common cause of data breaches?

Although hacking attacks are frequently cited as the leading cause of data breaches, it's often the vulnerability of compromised or weak passwords or personal data that opportunistic hackers exploit. Statistics show that four out of five breaches are partially attributed to the use of weak or stolen passwords.

Has anyone received money from Equifax breach?

Status of financial reimbursement

Cash reimbursements have been sent to people who submitted requests for payment. Under the Equifax Data Breach Order, leftover funds are used to reimburse people who have valid claims. If you submitted a valid claim, you could receive an extra payment.

When can I expect my Equifax settlement check?

Settlement benefits for eligible out-of-pocket losses and time spent began issuing in mid-December 2022. Extended Claims Period claims for time spent and out-of-pocket losses are under review. You will be contacted if additional information is needed regarding your claim.

How much will each person get from Capital One settlement?

A class-action lawsuit brought against Capital One Bank by American consumers was settled in 2021 with the bank agreeing to pay $190 million. The maximum amount of compensation for each claimant's lost money is $25,000.