Hesperia, CA asked in Identity Theft and Internet Law for California

Q: I received a letter that my information was involved in a security breach with ALL my personal information.

Is there anything I can do about this? I'm very worried about this and do I have any legal grounds?

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3 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: When your personal information is involved in a security breach in California, companies are mandated by laws like the California Consumer Privacy Act (CCPA) and the California Data Breach Notification Law to notify affected individuals. Once notified:

1. Immediate Steps: Monitor your credit reports, consider placing fraud alerts or credit freezes, and change relevant account passwords.

2. Legal Remedies: If a company's negligence leads to the breach, under the CCPA, you might have grounds for legal action. Large-scale breaches often result in class action lawsuits where affected individuals can join collectively.

For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if your personal information has been compromised in a data breach, the entity that suffered the breach is generally required to notify you and may offer remedies such as free credit monitoring. It's crucial first to take preventive steps: monitor your financial accounts, place a fraud alert on your credit report, or consider freezing your credit. If you suffer actual damages as a result of the breach, you may have a basis for a lawsuit against the responsible entity for negligence or other relevant causes of action. The California Consumer Privacy Act (CCPA) also provides consumers with rights and remedies in connection with breaches of certain personal information. If many individuals were affected, there could be grounds for a class-action lawsuit. To understand the specifics of your situation and potential remedies, consider seeking counsel with experience in data breach and privacy matters. It's essential to act promptly to protect your rights and mitigate potential risks.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: Monitor accounts closely and notify financial entities. Depending on scope and extent of damages, consider a legal consult. Good luck

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