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?
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
