Answer FileConsumer Protection

What can I do after a data breach exposes my information?

The answer, cited

Freeze your credit at all three bureaus — free under federal law — and watch accounts closely. California's CCPA gives consumers a private right of action under Civil Code section 1798.150 when unencrypted personal information is exposed through a business's failure to maintain reasonable security, with statutory damages available per consumer, per incident.

Defense first: place free security freezes with all three credit bureaus, change reused passwords, enable two-factor authentication, and treat post-breach emails and calls as presumptively phishing, since breach lists fuel targeted scams. California businesses must notify affected residents of a breach under Civil Code section 1798.82, and the notice's description of what was taken — Social Security numbers versus emails — calibrates the response; take any offered credit monitoring, which does not waive claims in most cases. On the offense side, California is unusually strong: the California Consumer Privacy Act gives consumers a private right of action under Civil Code section 1798.150 when nonencrypted, nonredacted personal information is exfiltrated because a business failed to maintain reasonable security procedures. Statutory damages are available per consumer, per incident, without proving out-of-pocket loss, after a 30-day written notice that gives the business a chance to cure. Actual losses from resulting identity theft support additional claims, so keep records of every fraudulent charge and hour spent.

Authority: Cal. Civ. Code § 1798.150

Source: Cal. Civ. Code § 1798.150 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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