Lancaster, CA asked in Employment Law, Antitrust and Identity Theft for California

Q: Can I sue a company for a data breach?

Can I sue a company for a data breach?

1 Lawyer Answer
James L. Arrasmith
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  • Antitrust Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, you may have grounds to sue a company for a data breach, especially if negligence played a role in the breach and if you suffered harm as a result. California's data breach laws require companies to protect personal information and promptly notify affected individuals of breaches. If a company's failure to implement reasonable security measures led to the data breach, and you have experienced tangible harm, such as cyberstalking, phishing attempts, and emotional distress, you could potentially file a lawsuit for damages.

Considering the breach's sophistication, the company's prior history of similar incidents, and the delay in notifying customers, these factors might support your claim of negligence. The law examines whether the company took adequate steps to protect data and respond to the breach. If they did not, and this resulted in harm to you, this could strengthen your case.

It's important to gather all evidence related to the breach and its impact on you, such as notifications from the company, any correspondences regarding the cyberstalking, and documentation of emotional distress. Consulting with a legal professional experienced in data breach cases can provide you with personalized advice and help you understand the feasibility of your claim, as well as guide you through the legal process.

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