Port Saint Lucie, FL asked in Consumer Law, Contracts, Personal Injury, Business Law and Federal Crimes for Florida

Q: Is my CPA at fault for our identity theft? She was hacked some months ago and should have cyber security in place.

The IRS would not accept our 2020 tax filing because one was already filed. Our 3rd Stimulus check was also stolen because our CPA was hacked. She later informed me of this and said some of her other client's data was also stolen and used. She should have adequate cyber security in place within her E&O professional liability insurance. She also should have informed us of the hack when she knew about it. Our identities have been stolen and have been use to open fraudulent banks accounts (As per the IRS). I would be happy to discuss this information and additional facts to this case. Is there a professional liability claim here?

2 Lawyer Answers
Linda Liang
Linda Liang
PREMIUM
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: You said "She should have adequate cyber security in place". Do you have reasons to believe she does not and the fact that she does not caused the hack?

These are key findings to determine whether you have a cause of action based on negligence.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Only if you can prove that she knew she was going to be hacked. Really doubtful, but not impossible to imagine. IMO, you best way to handle this is by cooperating with the IRS and helping them find the hacker.

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