Data Breach Lawsuit Lawyers

What Is a Data Breach and Who's Really at Fault?

A data breach occurs when cybercriminals gain unauthorized access to computer systems containing personal information. But here's what companies don't want you to know: most data breaches happen because corporations refuse to invest in proper cybersecurity measures.

The Most Common Types of Corporate Negligence

• Outdated security systems: Using ancient software with known vulnerabilities that hackers exploit easily.
• Weak password requirements: Allowing employees to use "password123" to protect millions of records.
• Unencrypted databases: Storing sensitive information in plain text that anyone can read once accessed.
• Third-party vendor failures: Hiring the cheapest data processors without proper security vetting.
• Employee training failures: Refusing to educate workers about phishing scams and social engineering attacks.
• Delayed breach detection: Taking months to discover that hackers have been stealing data continuously.

Industries with the Worst Track Records

Healthcare: Hospital systems and medical practices routinely expose millions of patient records because they prioritize convenience over HIPAA compliance. The healthcare industry suffered over 700 breaches affecting 500+ individuals in 2023 alone.

Financial services: Banks, credit unions, and payment processors claim they're secure while using outdated systems that hackers penetrate regularly. The 2017 Equifax breach exposed 147 million Americans' credit information because the company ignored security patches for months.

Retail and e-commerce: Major retailers collect massive amounts of customer data but refuse to invest in enterprise-grade security. Target, Home Depot, and dozens of other chains have exposed millions of credit card numbers through preventable breaches.

Government and education: State agencies and school districts store sensitive personal information using bargain-basement security systems that cybercriminals crack routinely.

If your personal information was exposed in any data breach, it's time to take action against the companies that failed to protect what you trusted them with.

The Real Impact of Data Breaches on Your Life

Corporate executives minimize data breaches as "technical incidents" that cause "minimal impact". That's a lie. Data breaches create lasting financial and personal damage that can follow you for years.

Identity Theft and Financial Fraud

Criminals use stolen personal information to:

• Open new credit accounts in your name, which will destroy your credit score;
• File fraudulent tax returns to steal your refund money;
• Apply for government benefits using your Social Security number;
• Take out loans and mortgages that you'll be held responsible for paying;
• Access existing accounts to drain your bank accounts and retirement savings.

Credit Report Destruction

Once criminals start using your information, the damage spreads across your entire financial profile:

• Credit scores plummet from fraudulent accounts and missed payments on debts you never incurred;
• Loan applications get rejected for mortgages, car loans, and credit cards;
• Employment opportunities disappear when background checks reveal "your" criminal financial activity;
• Insurance rates increase based on fraud linked to your identity.

Time and Emotional Costs

Victims spend hundreds of hours trying to restore their financial lives:

• Calling credit bureaus repeatedly to dispute fraudulent accounts;
• Filing police reports and identity theft affidavits with multiple agencies;
• Monitoring bank statements obsessively for new unauthorized charges;
• Dealing with debt collectors demanding payment for debts criminals incurred;
• Living with constant anxiety about when the next fraudulent account will appear.

Out-of-Pocket Expenses

The "free" credit monitoring companies offer doesn't cover your real costs:

• Credit report fees to check all three bureaus regularly;
• Identity theft insurance that actually provides meaningful protection;
• Legal fees to dispute fraudulent debts and accounts;
• Lost wages from time off work dealing with identity theft consequences;
• Higher interest rates on legitimate loans due to damaged credit.

This is the real damage corporations cause when they fail to protect your data. One "technical incident" can derail your financial life for years.

Current Major Data Breach Investigations

CohenMalad, LLP is actively investigating several major data breaches where companies failed to protect consumer information. If you received a breach notification from any of these organizations, you may be entitled to compensation:

Healthcare Industry Breaches

Change Healthcare Cyberattack (2024): The largest healthcare data breach in U.S. history affected over 100 million patients when UnitedHealth's subsidiary was compromised by ransomware. Medical records, Social Security numbers, and insurance information were stolen across thousands of healthcare providers nationwide.

Medibank Data Breach (2022): Personal health information for 9.7 million customers was stolen, including mental health records, alcohol and drug treatment history, and other sensitive medical data that cybercriminals posted on the dark web.

Kaiser Permanente Email Breach (2024): Unauthorized individuals accessed email accounts containing patient information, potentially exposing medical records and treatment details for thousands of patients.

Financial Services Breaches

T-Mobile Data Breaches (2021-2023): Multiple security failures exposed the personal information of over 76 million customers, including Social Security numbers, driver's license information, and account details. This represents T-Mobile's fifth major breach in four years.

Capital One Data Breach (2019): A former Amazon Web Services employee accessed over 100 million credit card applications and accounts, stealing names, addresses, credit scores, payment history, and fragments of transaction data.

Equifax Credit Reporting Breach (2017): The credit reporting giant exposed 147 million Americans' Social Security numbers, birthdates, addresses, and driver's license numbers, essentially everything criminals need for identity theft.

Retail and Technology Breaches

LastPass Security Incidents (2022): Two separate breaches compromised encrypted password vaults for millions of users worldwide. Cybercriminals accessed customer names, email addresses, billing addresses, and encrypted password vaults.

Marriott International Breaches (2014-2018): Hotel guest records for up to 500 million customers were accessed over four years, including names, addresses, phone numbers, passport numbers, and credit card information.

Target Credit Card Breach (2013): Payment card information for 40 million customers and personal information for 70 million customers were stolen during the busy holiday shopping season.

Government and Education Breaches

MOVEit File Transfer Attacks (2023): A vulnerability in file transfer software used by government agencies, universities, and corporations worldwide led to data theft affecting over 60 million individuals across hundreds of organizations.

SolarWinds Supply Chain Attack (2020): Government agencies and major corporations were compromised when hackers inserted malicious code into widely-used network management software, potentially accessing classified and sensitive business information.

If you received a data breach notification letter, contact us immediately. Even if your specific breach isn't listed above, you may still have a valid claim for compensation.

Who Is Eligible to File a Data Breach Lawsuit?

You may be eligible to file a claim if you:

• Received a data breach notification letter from any company, hospital, government agency, or organization;
• Experienced identity theft or fraud after your personal information was exposed;
• Had to spend time and money dealing with fraudulent accounts, credit disputes, or identity restoration;
• Suffered credit score damage from accounts or activity you didn't authorize;
• Lost wages or employment opportunities due to background check problems caused by identity theft;
• Continue monitoring your credit and financial accounts for ongoing fraud risks.

You don't need to prove specific financial losses to have a valid claim. Courts recognize that data breaches create ongoing risks and require constant vigilance that shouldn't be your responsibility.

What If I Haven't Noticed Any Problems Yet?

That doesn't mean you don't have a case. Cybercriminals often sell stolen data on the dark web and wait months or years before using it. Meanwhile, you're forced to monitor your credit, change passwords, and live with the constant anxiety of when fraud might strike.

The law recognizes this "imminent injury" and the burdens companies place on breach victims even before identity theft occurs.

How CohenMalad Can Help Your Data Breach Case

We aren't a settlement mill. With attorneys recognized among the top in the nation and over $66.5 million in major verdicts and settlements, we're a law firm that builds every case for trial and fights to win.

What You Can Expect Working with CohenMalad

• Free, no-obligation case evaluation to determine whether you have a strong claim against the companies that exposed your data.
• Thorough investigation into the breach timeline, corporate security failures, and regulatory violations that led to your information being stolen.
• Collaboration with cybersecurity specialists who can prove the company's negligence and quantify the ongoing risks you face.
• Aggressive pursuit of maximum compensation for your time, expenses, and ongoing identity theft risks.
• Trial-ready preparation so every case is built to win in court, not just settle for pennies on the dollar.

Our Track Record Against Corporate Giants

CohenMalad, LLP has successfully challenged major corporations in cases involving:

• Corporate negligence where companies ignored known security risks;
• Regulatory violations under state and federal privacy laws;
• Consumer protection failures that harmed individuals and families;
• Class action litigation affecting thousands of victims nationwide.

We know how these companies operate and how to beat them in court. When corporations try to minimize your harm with lowball settlement offers, we're prepared to take your case to trial and let a jury decide what your privacy is really worth.

Compensation Available in Data Breach Lawsuits

Every case is different, but data breach victims may recover compensation for:

• Out-of-pocket expenses for credit monitoring, identity theft insurance, and fraud remediation services;
• Lost wages and time costs spent dealing with fraudulent accounts, credit disputes, and identity restoration;
• Credit score damage affecting your ability to obtain loans, employment, and housing;
• Ongoing monitoring costs for continuous credit and identity theft protection;
• Emotional distress from the invasion of privacy and constant anxiety about future fraud;
• Statutory damages under state and federal privacy laws ranging from hundreds to thousands of dollars per violation;
• Punitive damages to punish companies for reckless disregard of customer data security.

Recent Data Breach Settlements

Equifax (2017): $700 million settlement for 147 million affected consumers, with individual payments up to $20,000 for documented losses.

Target (2013): $18.5 million settlement for credit card breach affecting 40 million customers.

Capital One (2019): $190 million settlement for breach affecting 100 million customers and credit card applicants.

T-Mobile (Multiple Breaches): $350 million settlement fund for customers affected by repeated security failures.

Yahoo (2013-2014): $117.5 million settlement for data breaches affecting all 3 billion user accounts.

These settlements represent just a fraction of the total harm these breaches caused. With trial-ready representation, victims can often recover significantly more than the amounts offered in mass settlements.

Time Limits for Filing Your Data Breach Lawsuit

There's a limited time to file a lawsuit for data breach harm. Each state has its own statute of limitations, giving you a specific number of years from when you discovered (or should have discovered) the breach and resulting harm.

Why Timing Matters

• Missing deadlines means losing your right to compensation forever.
• Evidence becomes harder to gather as time passes.
• Corporate document retention policies may result in key evidence being destroyed.
• Witness memories fade, and IT personnel change jobs.
• Additional security failures by the same company may weaken your original claim.

The Discovery Rule May Help

Since many data breach victims don't immediately understand the connection between a breach notification and later identity theft or financial problems, the statute of limitations clock may not start until you discover the actual harm.

However, don't assume you have unlimited time. Courts sometimes rule that receiving a breach notification letter starts the limitations clock running, even if you haven't experienced fraud yet.

Don't risk losing your right to compensation. Call us today for a free evaluation of your case and your filing deadline.