Am I Eligible for a Data Breach Lawsuit?

Every year, millions of Americans wake up to a jarring email or notification that sends a wave of anxiety through their day: “Your account has been compromised.” 

In that moment, your mind races. What exactly did the attackers take? Was it just a password? Your bank account information? Maybe your Social Security number? Unfortunately, data breaches have become a persistent risk affecting individuals across the U.S., regardless of age or industry. From retail giants and credit bureaus to healthcare providers and tech platforms, no sector is immune. 

If your personal information was exposed in a data breach, you might be wondering: Am I eligible to sue? Understanding your rights and options after a breach is crucial, as legal recourse could help you recover damages or compel companies to improve their security. This guide breaks down the essential information about data breach lawsuits, eligibility criteria, what you could recover, and steps you should take immediately.

What Is a Data Breach?

A data breach occurs when sensitive or confidential information is accessed, disclosed, or stolen by someone who is not authorized to do so. This information could include:

• • Names and addresses 
  • Social Security numbers (SSNs) 
  • Financial details like credit card or bank account numbers 
  • Medical records and health information 
  • Login credentials (usernames and passwords)

Data breaches can happen in various ways:

• • Cybercriminal hacks – attackers exploit security vulnerabilities or use phishing scams to gain unauthorized access 
  • Insider leaks – employees or contractors deliberately or accidentally expose data 
  • Accidental exposure – companies mistakenly publish files publicly or misconfigure databases 

Hackers often use stolen data for identity theft, fraudulent purchases, opening new credit accounts, or even selling the information on the dark web. The effects of a breach can ripple through victims’ lives for years.

Find out more about What a Data Breach is?

Why Eligibility Matters in Data Breach Lawsuits

Not every person affected by a breach can sue successfully. To bring a legal claim, either individually or as part of a class action, you generally need to prove these key points:

1. You Were Affected by the Breach: Your personal information must be confirmed as part of the compromised data. Companies often notify victims if their data was involved. You can check breach details on websites like Have I Been Pwned?
2. You Suffered Harm: You need to show some form of injury or damage, which could include:
   • • Financial losses from fraudulent charges or identity theft 
     • Time and expenses spent fixing the fallout (credit freezes, identity restoration services) 
     • Emotional distress or anxiety caused by the breach 
     • Loss of privacy or reputation damage 
3. The Organization Was Negligent: You must demonstrate that the company responsible failed to meet reasonable data protection standards, such as:
   • • Ignoring known security vulnerabilities 
     • Using outdated or weak encryption methods 
     • Failing to train employees on cybersecurity risks
4. Legal Grounds Exist in Your Jurisdiction: Data breach laws vary by state. Some states have strong consumer privacy protections and allow victims to sue for damages (like California’s Consumer Privacy Act), while others have limited or no private right of action.

Real-World Examples of Data Breach Settlements

Looking at precedent can help clarify who qualifies and what compensation might look like:

• Equifax (2017): The credit reporting giant exposed the personal data of roughly 147 million Americans, including SSNs, birthdates, and addresses. Victims were eligible for up to $20,000 in reimbursement for out-of-pocket losses and free credit monitoring. FTC Equifax Settlement Info. 
• Target (2013): When hackers stole credit and debit card information from millions of shoppers, victims who experienced fraudulent charges could join the settlement and recover losses. Even those without proof of fraud sometimes received smaller payouts. 
• Anthem (2015): Health insurer Anthem agreed to a $115 million settlement after a breach exposed medical records and SSNs. Notably, affected members were eligible for compensation without needing to prove actual identity theft — an exception that shows some breaches have broader eligibility HHS Breach Notification Rule.

Class Action vs. Individual Lawsuits

If you qualify for a lawsuit, you might consider two main routes:

Many law firms offer free case reviews to help determine the best approach based on your situation.

Read more here about Class Action vs. Individual Lawsuits

Common Misconceptions About Data Breach Lawsuits

Many people believe that to sue after a data breach, they must show clear financial losses, such as fraudulent charges or stolen funds. While monetary harm is certainly a strong basis for a claim, this is not the only type of damage recognized by the courts. Emotional distress, the loss of privacy, reputational harm, and even the significant time and effort spent restoring compromised accounts or safeguarding personal information can also qualify as valid damages. 

Another widespread myth is that accepting free credit monitoring from a breached company automatically waives your right to sue. In reality, credit monitoring is often offered as part of a breach response and does not inherently prevent you from joining a class action or filing your own lawsuit, though the specific settlement terms should always be reviewed carefully to avoid unintentionally giving up legal claims. 

A final misconception is that data breaches are a problem exclusive to major tech companies. While high-profile breaches at technology giants tend to make headlines, attackers frequently target other sectors such as retail, healthcare, government agencies, financial institutions, and even small local businesses. In fact, organizations of all sizes and industries store valuable personal information, making them attractive targets for cybercriminals. Understanding these realities can help victims make informed decisions about pursuing legal action and protecting their rights after a breach.

Steps to Take Immediately After a Data Breach

If you receive notice or suspect your data is compromised, act quickly:

1. Confirm the Breach: Check official company announcements and consult resources like the FTC’s Data Breach page.
2. Change Your Passwords: Use strong, unique passwords for all accounts affected. Consider a password manager for secure storage.
3. Monitor Your Accounts: Set up alerts on bank accounts, credit cards, and email for suspicious activity.
4. Check Your Credit Reports: Use AnnualCreditReport.com to access free credit reports from the three major bureaus once per year.
5. Consider Fraud Alerts or Credit Freezes: Fraud alerts notify creditors to take extra precautions before opening new accounts. Credit freezes restrict access to your credit report, preventing new accounts without your consent.
6. Document Everything: Keep records of notifications, suspicious activity, and any time or money spent resolving issues. This documentation can be critical if you pursue legal action.

Your Rights Under U.S. Data Breach Laws

While the U.S. lacks a comprehensive federal data breach law, all 50 states have breach notification laws requiring companies to inform victims when personal data is exposed. Some states, like California, New York, and Illinois, have additional laws giving consumers greater protections and rights to sue. 

The federal Health Insurance Portability and Accountability Act (HIPAA) regulates data breaches in healthcare, requiring notification and penalties for violations. 

Internationally, many countries are strengthening data protection laws, following models like the EU’s General Data Protection Regulation (GDPR). According to a 2020 report by the United Nations Conference on Trade and Development (UNCTAD), at least 62 countries now enforce data breach notification rules. 

This growing legal framework means companies face increasing pressure to safeguard personal data and notify victims promptly.

The Bottom Line: Are You Eligible to Sue?

If your personal information was exposed in a data breach, you might have grounds to sue if you can show:

• • Your data was part of the breach 
  • You suffered harm, financial, emotional, or loss of privacy 
  • The organization acted negligently in protecting your data

Even if you’re unsure, joining a class action lawsuit or consulting with a data breach attorney can help clarify your options. Many law firms offer free consultations to assess whether you have a case. 

The best time to act is right after you receive a breach notification; the sooner you respond, the less likely identity thieves are to exploit your information further.

Check out our recent and ongoing data breach cases to see similar situations and the next steps you can take.

FAQs

Eduard Korsinsky

Ed Korsinsky is a nationally recognized consumer protection attorney and the Co-Founder of Levi & Korsinsky LLP. For over 20 years, he has fought for consumers in data breach, privacy, and consumer fraud cases, recovering hundreds of millions of dollars nationwide.

A pioneer in mass arbitration, Ed has been featured in Law360 and other national publications for his thought leadership on ensuring fairness and access to justice in consumer claims. His groundbreaking work not only delivers results in the courtroom but also forces corporations to adopt stronger protections for people’s personal information and rights.

Whether protecting victims of data breaches, challenging deceptive advertising, or leading mass consumer filings, Ed’s mission is clear: to level the playing field between consumers and corporations.