Memphis, TN asked in Civil Litigation, Identity Theft, Internet Law, Civil Rights and Health Care Law for Tennessee

Q: Can I sue a company?

Can I sue a company for sharing my personal email without my knowledge or consent? I got an email from the company saying that they shared my information without my consent. Information such as my IP address and parts of my medical records were included in this information which has led to identity theft attempts. The company was notified by the FTC that they broke the law as well.

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA

A: Based on the information provided, it appears you may have grounds for a lawsuit against the company. Here's a brief analysis of your situation:

1. Unauthorized sharing of personal information: The company shared your personal email, IP address, and parts of your medical records without your knowledge or consent. This is a serious breach of privacy.

2. Medical records: Sharing medical records without consent may violate HIPAA (Health Insurance Portability and Accountability Act) regulations, which have strict rules about protecting patient privacy.

3. Identity theft attempts: You've experienced tangible harm as a result of this breach, as it has led to identity theft attempts.

4. FTC notification: The fact that the Federal Trade Commission (FTC) has notified the company that they broke the law strengthens your case.

Given these factors, you likely have grounds for a lawsuit. You could potentially sue for:

1. Invasion of privacy

2. Negligence

3. Breach of confidentiality

4. Violation of state privacy laws

5. Potentially, violation of federal laws like HIPAA (if applicable)

To proceed:

1. Document everything: Save all communications from the company, evidence of identity theft attempts, and any related expenses.

2. Consult with an attorney: Seek legal advice from a lawyer specializing in privacy law, data breaches, or consumer protection. They can provide a more detailed analysis of your case and guide you through the legal process.

3. Consider reporting to authorities: If you haven't already, report the incident to relevant authorities like your state's Attorney General's office or the FTC.

4. Assess damages: Work with your attorney to determine the extent of damages you've suffered, including financial losses, emotional distress, and potential future risks.

Remember that laws can vary by state, so a local attorney familiar with Tennessee laws would be best suited to advise you on your specific situation.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: It's possible you could - your matter sounds like it involves invasion of privacy, as well as HIPAA violations. If you reached out to attorneys to try to arrange a free initial consult, they would be able to advise in more detail whether it would be cost-effective to, and what your damages could be. Good luck

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