In today’s business world, nearly every company collects sensitive personal information from customers, employees, patients, and clients. These companies have a legal obligation to protect any collected information using best practices and safeguards. When sensitive data is leaked in a data breach, the consequences are devastating and long-lasting.
At Atlee Hall, we represent individuals whose personal information has been compromised due to companies’ failure to implement reasonable data security measures. When a data breach affects hundreds or thousands of people, a class action lawsuit may provide an effective way to hold negligent companies accountable. Our Pennsylvania class action lawyers can help you understand and explore your options.
What Is a Data Breach?
A data breach occurs when unauthorized individuals gain access to confidential or protected information maintained by a business.
Businesses who hold secure information include:
- Healthcare providers
- Financial institutions
- Retailers
- Employers
- Social media sites
- Other organizations
How Do Data Breaches Happen?
Some breaches require sophisticated cyberattacks, while others occur because companies fail to follow basic cybersecurity practices. Targeted software attacks are difficult to predict, and many are not preventable, simply because of vulnerabilities that hackers or scammers abuse.
However, some breaches occur simply because of user error or lax behavior, like:
- Stolen storage equipment: a stolen laptop or hard drive containing unencrypted data can be especially vulnerable. Lax security could be considered negligible.
- Ransomware scams: some scammers utilize malware to instigate ransomware. In a ransomware scam, software or hardware is held hostage after a scammer is given access. That access is often provided to the scammer, which means that the lack of training to spot scams exposed your data.
- Phishing attacks: like ransomware scams, a phishing attack often occurs after your provider tries to pay to end the extortion or recover data. In many cases, scammers gain access by presenting facades that users fall for. That kind of vulnerability is a user error, meaning your data was inadequately protected.
- Cloud misconfigurations: many businesses utilize cloud servers to store their data. If a business does not set its storage system up properly, the data could be unprotected.
- Weak passwords: a weak password is another example of user error or negligible security. Easily guessed or generic passwords are a vulnerability that could leave your data exposed.
Types of Information Commonly Exposed
Data breaches often involve highly sensitive information, including:
- Social Security numbers
- Driver’s license numbers
- Financial account information
- Credit card and debit card information
- Medical records
- Health insurance information
- Dates of birth
- Email addresses
- Passwords
- Employee payroll information
- Tax information
- Online account credentials
Once this information is exposed, criminals may use it to commit identity theft, financial fraud, tax fraud, or other crimes.
When Is a Company Legally Responsible for a Data Breach?
Businesses have a duty to exercise reasonable care when collecting and storing confidential information.
A company may be legally responsible when it fails to:
- Implement reasonable cybersecurity protections.
- Encrypt sensitive information.
- Monitor for unauthorized access.
- Train employees regarding cybersecurity risks.
- Patch known software vulnerabilities.
- Properly supervise third-party vendors.
- Timely notification of affected consumers after discovering a breach.
Whether a company acted reasonably depends upon the nature of the information collected, the known cybersecurity risks, industry standards, and applicable state and federal laws.
When Does Class Action Data Breach Litigation Begin?
When a data breach affects hundreds or thousands of individuals, pursuing separate lawsuits may be impractical. A class action lawsuit allows victims with similar claims to seek compensation together while requiring the company to answer for widespread data security failures.
Class actions may seek compensation for expenses associated with identity theft protection, fraudulent charges, loss of privacy, time spent responding to the breach, and other legally recognized damages.
How Do I Know If I Qualify for a Data Breach Class Action?
You do not have to wait for identity theft to ruin your credit before you qualify for legal action. You generally qualify to participate in a data breach class action if you meet any of the following parameters:
- You Received a Breach Letter: You received an official notification letter or email from a company stating that your personal information was compromised in a specific cybersecurity incident.
- Your Account Data Was Leaked: You can confirm that your login credentials, financial accounts, or Social Security numbers were leaked online or discovered on the dark web.
- You Suffered Consequential Fraud: You noticed unexplained fraudulent activity—such as unauthorized credit card charges or a fraudulent tax return filed in your name—following a known corporate data breach.
How to Join or Start a Data Breach Class Action for Breached Data
Navigating corporate litigation may seem complex, but the class-action structure is designed to handle the heavy lifting on behalf of affected consumers.
Joining an Active or Settled Class Action
If a data breach class action has already been filed and certified against the company that leaked your information, you are generally automatically included in the affected class.
- If the case reaches a settlement, you will receive a formal notice via mail or email containing a unique claim ID.
- To secure your share of the settlement, you must fill out the provided online claim form before the specified deadline.
Starting a New Class Action
If your data was compromised by a company, but an active class action lawsuit does not yet exist, you have the option to start one.
- Keep Your Records: Preserve the original data breach notification letter, any credit reports showing unusual activity, and logs of the time you spent changing passwords or freezing accounts.
- Consult Atlee Hall: Our data privacy attorneys will review your documents to evaluate the scale of the breach and verify whether the company breached its legal duty of care.
- Act as a Lead Plaintiff: If the case is viable, we can file a class action complaint with you serving as the representative plaintiff for all other affected victims.
FAQs about Data Breach Class Actions
What does it cost to hire a lawyer for a data breach class action?
There are no upfront out-of-pocket costs. Atlee Hall handles data breach class actions on a contingency fee basis. This means our legal fees and litigation expenses are paid directly out of the final settlement or court judgment if we win the case. If we do not successfully recover compensation, you owe us nothing.
The company already gave me a free year of credit monitoring. Can I still sue?
Yes. Under updated Pennsylvania law, companies are often required to offer 12 months of free credit monitoring if specific data like your Social Security number is leaked. However, a temporary monitoring subscription is rarely enough to cover the lifelong security risks of a data leak, nor does it compensate you for actual financial losses, stress, or the hours spent restoring your identity.
Can I participate in a lawsuit if cybercriminals haven’t stolen my money yet?
Yes. Courts widely recognize that the imminent threat of future identity theft, the diminished value of your private data, and the personal time and money spent mitigating a breach (such as paying for credit freezes) constitute concrete, compensable harms.
How long does it take to resolve a data breach lawsuit?
Because these lawsuits involve extensive digital forensics, thousands of class members, and corporate defense networks, they can take anywhere from twelve months to a few years to reach a final resolution or settlement.
Why Choose Atlee Hall?
Atlee Hall represents people, not corporations. Our attorneys have extensive experience handling complex litigation against large organizations and understand the resources required to pursue significant class-action claims.
If a company failed to adequately protect your personal information, we will investigate whether its cybersecurity practices complied with applicable legal standards and whether a class action may be appropriate.
Contact a Pennsylvania Data Breach Attorney
If you received a notice that your personal information was exposed in a data breach, you may have important legal rights. Contact Atlee Hall to discuss your situation with an experienced Pennsylvania data breach attorney and learn whether you may qualify to participate in a class action lawsuit by calling (717) 393-9596 or filling out our online form
