Data Breach Lawyer

An experienced data breach lawyer can minimize potential damage if your social security number, biometric data, and other sensitive details have been exposed or sold.

At Mason LLP, our civil litigation lawyers have been instrumental in class action cases, holding at-fault parties accountable for losing thousands of individuals. Whether you’re an individual whose personal information has been compromised or a business grappling with the fallout of a data breach, these legal professionals stand ready to defend your interests and secure the protection and compensation you deserve.

Contact us today to learn how we can assist you with your case.

Work with Mason LLP, the nation’s leading data breach litigation firm

Mason LLP is a premier civil litigation firm that represents plaintiffs who have suffered injuries or harm due to corporate misconduct.

Our attorneys have a proven track record of securing significant verdicts and settlements. We often take on leadership roles in high-profile class actions of national importance. Notable examples include the Chinese Drywall Litigation, the U.S. Office of Professional Management Data Breach, the BP Oil Spill Litigation, and the Exxon Valdez Oil Spill Litigation.

Founding partner Gary E. Mason is nationally recognized for his expertise in representing consumers in class actions related to data breaches (such as the U.S. Office of Professional Management and TikTok), environmental disasters (including the Exxon Valdez and BP Horizon spills), and a broad range of defective products. His extensive experience covers cases involving Chinese drywall, fire-retardant plywood, polybutylene pipes, high-temperature plastic venting, hardboard siding, pharmaceuticals, consumer electronics, and automobiles.

Mr. Mason also brings decades of experience in litigating privacy cases, further cementing our firm’s reputation as a leader in this critical area of law.

Our data breach lawyers walk the walk and get results for you

• $11 million class action settlement against Insurance Technologies Corporation
• $650,000 class action settlement against Fitzgibbon Hospital
• $550,000 class action settlement against EmergeOrtho, P.A.
• $725,000 Class Action Settlement against Huntington Ingalls Industries

Mason LLP works with victims to make sure they get the resources they deserve

The FTC oversees most instances of data theft, and victims can start by visiting the IdentityTheft.gov website to begin a complaint. You can also find a list of ongoing investigations to determine whether you were affected by those breaches. However, you still need to understand what other legal action is available.

When a company’s actions impact hundreds or thousands of people, they may bundle their lawsuits into class action or mass tort cases. Class action lawsuits identify one plaintiff who will represent all class members, with any settlement divided evenly among the class members. Mass tort actions conduct bellwether trials to determine the strength of the claims, but each plaintiff may receive individual damage demands if they win. 

You should partner with a law firm with a strong background in leading, co-managing, and contributing to these legal actions. A skilled lawyer from Mason LLP can advise you to pursue an individual case or move into a cormbined effort with similarly affected plaintiffs

Our data breach attorneys know how to recover maximum compensation in your case

While government agencies will investigate and prosecute the liable parties for any criminal actions, you can file a private lawsuit to seek damages for various ways your life has been affected. Some are quantifiable in terms of money lost (economic damages), while others are less tangible (non-economic damages).

Some common damages you might pursue include:

• Unauthorized charges to your credit cards and subsequent fees
• Loss of funds from your accounts
• Reductions or flags on your credit score
• Denial of loan or credit applications 
• Future loss of income from a negative background check
• Loss of freedom if your passport or driver’s license is flagged
• Lost time spent fighting to protect your data
• Cost of credit monitoring services for years or a lifetime
• Emotional distress and mental anguish
• Anxiety, depression, embarrassment, and fear

Your data breach attorney will examine your situation and help you identify every potential loss you have suffered. They will advise you on whether to file an individual claim or if you have grounds to join a larger action, such as a class action lawsuit or mass tort.

We leave no stone unturned when it comes to evidence

You may be unaware of a breach until you get a notice, perhaps months after it happens. However, there are some clues that your data might have been compromised:

• Rejected tax return
• Request to verify your identity in person to the IRS
• Unauthorized bank or credit card charges
• Unauthorized credit report checks
• Collection notices for bills you haven’t incurred
• Denied credit or loan applications 

If any of these happen to you, keep records and contact a breach lawyer. That way, if you receive a notice later, you’ve already gathered evidence.

Mason LLP helps with preventive measures so you aren’t at risk again

While you cannot stop hackers from attacking companies that hold your information, you can take some actions to prevent sensitive data from being at risk. These include:

• Initiate a credit freeze: Set up a credit freeze to prevent unauthorized attempts to open new accounts. 
• Use strong passwords:  Use upper and lowercase letters, symbols, and numbers to make your password harder to guess.
• Do not link your bank data: Most purchasing websites and even utility companies allow you to store payment information. Avoid listing your bank details when possible.
• Protect all Social Security Numbers: Identity thieves frequently ruin a child’s credit history by using their SSN to open new accounts.
• Avoid using public Wi-Fi or Bluetooth devices. Hackers can steal payment and personal information through free Wi-Fi networks or Bluetooth devices. Use your personal hotspot instead.

We’re always on the lookout for new data breach cases

Many of these cases are due to simple employee negligence. A Pegasus Airlines system administrator misconfigured part of the cloud software, exposing over 6.5 Terabytes of information. This data included personal information on crew members and details on flight plans.

In 2023, the Federal Trade Commission (FTC) notified five major tax preparation companies they violated federal privacy laws for sharing customer data. Google, H&R Block, and TaxAct faced lawsuits alleging unjust enrichment, breach of implied contract, deceptive business practices law, and violations of federal wiretapping law.

In 2022, a recently terminated Cashapp worker deliberately downloaded the personal information of over 8.2 million customers, including full names and financial details. A class action lawsuit against Cashapp’s parent company, Block, alleged the company failed to warn customers promptly and did not revoke the employee’s access after firing them. 

Trust the top-rated data breach lawyers with Mason LLP

The attorneys at Mason LLP actively monitor data breach cases of state and federal privacy laws, so we are prepared to handle your unique situation. Our team is currently litigating many cases where cyberattacks, negligent companies and identity theft unfairly harmed consumers.

If this has happened to you, you need a trustworthy law firm. A data breach is serious and can have life-altering consequences. Schedule a free consultation with a data breach lawyer at Mason LLP by calling (202) 292-4490 or completing our online form today. 

We answer common questions about data breaches

What constitutes a data breach?

This occurs when a company’s privacy protections fail, putting personal information at risk. Several factors, including hacking, unsecured data privacy systems, employee negligence, and malware can cause data breaches.

Breaches are often not recognized until long after the problem occurs. In some instances, no harm is done, yet the company must still be held liable. When data is stolen, sold, or otherwise affected there may be lawsuits against the business and the responsible individuals. 

What are the existing U.S. federal data privacy laws?

Federal laws governing citizens’ private data include COPPA, HIPAA, the U.S. Privacy Act, and the Gramm-Leach-Bliley Act. These laws include:

• COPPA: The Children’s Online Privacy Protection Rule requires websites marketing to children under 13 must obtain parental consent before collecting a child’s data. Parents or guardians have the right to access or delete the information.
• HIPAA: The Health Insurance Portability and Accountability Act outlaws unauthorized collection, sharing, and dissemination of personal medical records without the person’s or person’s agent’s written consent. 
• U.S. Privacy Act of 1974: The Privacy Act of 1974 is one of the first laws describing how federal agencies must collect, manage, and use personal data. Under the Act, citizens have the right to know how their details are collected and used, and the right to request corrections. 
• Gramm-Leach-Bliley Act: The Gramm-Leach-Bliley Act requires all financial institutions to protect sensitive personal information and clearly explain how they safeguard that information to their customers. 

What actions should businesses take to protect consumers?

Under the Federal Trade Commission (FTC) guidance, companies are advised to take specific critical actions after a data breach. According to federal and state laws, they must notify potentially affected consumers in writing, and in some instances, this can take as few as 30 days.

They should also take every measure to protect and remove any exposed data, implement a plan to identify and rectify the problem, and notify the appropriate law enforcement agencies. 

What regulatory bodies are responsible for enforcing data breach laws?

Only California has a specific agency that investigates and enforces its data privacy laws. Otherwise, the state’s Department of Justice and Bureau of Investigation investigate suspected breaches, and the Attorney General tries cases. 

The Privacy and Data Protection Task Force of the Federal Communications Commission (FCC) protects U.S. citizens’ data privacy rights. The FCC investigates how leaks happen, whereas the Federal Trade Commission (FTC) is then responsible for holding the at-fault companies accountable through legal action. 

Can you sue a company for a data breach?

Yes, you can sue if you can prove that the breach caused you harm, such as financial loss or identity theft. Legal claims can be based on negligence, breach of contract, or violation of data protection laws.

When should I contact a data breach law firm?

It’s time to contact a law firm if you’ve received a notice that your information has been compromised or if you’ve seen obvious signs (such as rejected tax returns or denied credit you didn’t apply for).

What are the emerging trends and challenges around data protection and privacy?

The International Association of Privacy Professionals (IAPP) has identified four major trends for financial data privacy starting in 2024. These include:

• Third-party tracking technologies: Third-party vendors that use tracking tools increase your risk of data exposure. The FTC does not regulate these vendors, so holding them accountable is challenging. 
• Artificial intelligence abuse: Chatbots and other AI measures can put a company at risk of data breaches. Rapid AI image and video quality improvements could allow hackers to deep-fake your identity.  
• New regulations for data brokers: The Fair Credit Reporting Act (FCRA) currently does not regulate companies that collect and sell personal data to other businesses. State and federal initiatives are underway to bring them under the FCRA’s jurisdiction. 
• Stronger obligations for managing breaches: Recent actions by federal and state government agencies indicate a trend toward more robust responses when companies experience a data breach. 

Resources for data breach victims

The Federal Trade Commission (FTC) guides those who suspect their personal information has been exposed. You can also contact the company involved to determine if they established a consumer support group. You should also contact your local law enforcement group, such as the police or your state’s Bureau of Investigation.

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