Millions of Americans conduct all types of business online every day, from paying bills to completing purchases and handling their investment accounts. The average person trusts multiple financial institutions and businesses with their personal data on a regular basis, and many take this trust for granted until a data breach occurs. Consumer data is incredibly valuable today, and unfortunately, there are many criminal enterprises focused solely on stealing data however possible, sometimes for the purposes of fraud, other times for ransom, and some engage in this behavior to sow discord and harm financial institutions, diminishing public trust in these organizations as they do so.
If you recently discovered that your personal data was compromised and/or stolen through a business, bank, or other party you trusted with your sensitive personal data, you could have grounds to file a privacy violation case against that party. A San Diego consumer protection attorney is the ideal resource to have on your side in this situation. They will be able to assist you in identifying your best options for legal recourse and can help you safeguard your personal data in various ways.
The Law Office of Quintin G. Shammam has a team of seasoned consumer protection attorneys led by Attorney Quintin Shammam, and our firm can provide the comprehensive and responsive legal representation you need after being the victim of a data breach. Any compromise of your personal data can lead to identity theft, and victims of identity theft typically face months or even years of problems because of these incidents. Whatever your case entails, we have the resources and experience needed to assist you, so contact us today and set up a case evaluation with our team to learn more about how we can assist you.
Determining Fault for a Data Breach and Privacy Violation
Every American citizen has the right to privacy, and when any financial institution or business is entrusted with payment data or other personal data for a customer, they have a legal and fiduciary duty to protect that data to the best of their ability. If they fail in this duty in any way resulting in harm to the customer, this is a serious privacy violation that can potentially lead to identity theft.
Privacy violation cases often involve substantial data breaches that affect many victims at once. Over the past several years, many high-profile data breaches have made headlines and negatively impacted thousands of people, sometimes tens of thousands at a time. Resolving these cases can be an extremely expensive and time-consuming process, and it can sometimes take years for the full effects to be measurable. One of the greatest risks of a data breach for the average person is identity theft. When this happens, they not only have grounds for legal recourse against the party who stole their data, but also the party that enabled the theft to occur in the first place.
Identity theft occurs whenever one party uses another party’s data for personal gain without their permission. This typically occurs without the victim’s knowledge at first, and then the effects become apparent in various ways. A victim of identity theft may wake up to see their bank account riddled with fraudulent transactions, or they may start receiving collection notices for unpaid credit card bills for cards fraudulently obtained in their name. Ultimately, identity theft can happen through an individual’s malfeasance, but it also occurs due to the privacy violations committed by banks, financial institutions, and businesses.
Your San Diego consumer protection attorney can provide the legal guidance you need after being victimized by a data breach or other privacy violation. The team at the Law Office of Quintin G. Shammam will help you create a paper trail showing how the privacy violation in question occurred, identify the various effects the incident has had on your life, and highlight the party or parties responsible for the data breach that compromised your data.
What to Expect in a Privacy Violation Case in San Diego
A privacy violation case in San Diego has the potential to be a life-changing incident and draw upon many aspects of consumer protection law. For example, if another party obtained your financial records through a data breach, they could be able to engage in fraudulent transactions in violation of the Electronic Fund Transfer Act (EFTA). If a privacy violation compromised your credit score, or if someone attempted to fraudulently apply for a line of credit using your illegally obtained information, this could lead to a claim involving the Fair Credit Reporting Act (FCRA).
To succeed with a privacy violation claim against the party responsible for the data breach in question, you must have an attorney who can help you prove exactly how the data breach happened in the first place. Once you prove how the breach occurred, you can then proceed with proving the full scope of your claimable damages. If you experienced identity theft, the party who stole your identity is likely to face the bulk of the penalties involved in the case, but the party responsible for allowing the data breach to happen can face many severe penalties as well.
Your San Diego consumer protection attorney will assist you in compiling the evidence you need to substantiate a claim for compensation. You have the right to seek full repayment of any and all financial losses you incurred because of the privacy violation in question. You also have the right to claim compensation for the emotional distress the situation caused, additional economic losses resulting from the breach in question, and for being subjected to illegal misconduct.
Ultimately, every privacy violation case filed in San Diego will involve unique details, and there is no one-size-fits-all strategy for resolving these cases. When you choose the Law Office of Quintin G. Shammam to represent you, we will take time to carefully explain the various legal statutes that are likely to come into play in your case, helping you to reach the optimal outcome possible. Our goal is to help you secure as much compensation as the law allows for your losses and to ensure your personal data remains as carefully protected as possible in the future.
FAQs
Q: How Long Does It Take to Prove a Privacy Violation?
A: Companies that experience data breaches are legally required to inform any potentially affected customers immediately. Failure to do so can severely increase the penalties they face for the breach. Every privacy violation case is unique. In fact, you could have the option of either filing your own individual claim or joining a class action suit in progress, depending on the specifics of your situation. Your San Diego consumer protection attorney will advise you as to how long your individual case could take to complete.
Q: How Much Compensation Can I Win for a Privacy Violation Claim?
A: You have the right to recover any damages you sustained from the data breach in question. If you were the victim of identity theft because of a privacy violation, the party who stole your identity and the party responsible for them illegally obtaining your data both share liability for the harm you suffered. An experienced San Diego consumer protection attorney will review the details of your experience and help you recover as much compensation as the law allows for your damages.
Q: What Are the Penalties for Identity Theft?
A: Any form of identity theft is a federal crime, and the party who knowingly engages in any form of identity theft for personal gain faces heavy fines, incarceration, loss of rights, and compensating the victim for the harm they’ve done. When a company is found liable for a data breach that enabled identity theft to occur, they also face civil claims from those affected. Consult your attorney to determine if and how criminal charges against the defendant will influence your recovery efforts.
Q: What Does It Cost to Hire Legal Representation for a Privacy Violation Claim?
A: The consumer protection attorneys working in San Diego all use individual billing policies, and the cost of legal counsel for your case could hinge on multiple factors. Some attorneys offer flat rates for very specific legal services, while others charge their clients by the hour. It is also possible for an attorney representing a client in a civil suit for damages to use a contingency fee policy, only taking a percentage of their client’s final award if they win their case in lieu of ongoing legal fees. Make sure you understand an attorney’s billing policy before agreeing to their representation in your privacy violation case.
The Law Office of Quintin G. Shammam offers client-focused and compassionate legal counsel for a wide range of privacy violation and identity theft cases in San Diego. Throughout the years of our firm’s operation, we have successfully helped many clients recover substantial case awards and assisted them in ensuring accountability for the mishandling of their sensitive personal data. Whatever your case may involve, Attorney Quintin Shammam and his team at the Law Office of Quintin G. Shammam will carefully guide you through each stage of your proceedings, helping you reach the optimal outcome for your case as swiftly as possible. If you’re ready to learn how our firm can assist you, contact us today and set up a consultation about your case.