🔒 What is a California Data Breach Claim?
A data breach claim arises when a business fails to implement reasonable security measures and your personal information is accessed by unauthorized parties. Under the California Consumer Privacy Act (CCPA), you have a private right of action to recover statutory damages without proving actual identity theft or financial loss.
When I Handle Data Breach Cases
I help California consumers pursue data breach claims when:
- Hacking incidents - Company systems were breached and your data was exposed
- Ransomware attacks - Criminals accessed and potentially copied your data
- Employee theft - Insider access led to data misuse or sale
- Accidental exposure - Data posted publicly or sent to wrong recipients
- Lost/stolen devices - Unencrypted laptops, drives, or phones containing your data
- Third-party vendor breaches - Service providers with access to your data were compromised
💰 CCPA Statutory Damages Are Powerful
Unlike many privacy laws, CCPA Section 1798.150 provides automatic statutory damages of $100 to $750 per consumer per incident. You do not need to prove identity theft, financial loss, or emotional distress. The mere failure to implement reasonable security that results in unauthorized access is enough.
Types of Protected Personal Information
👤 Identity Data
Social Security numbers, driver's license, state ID, passport numbers, immigration status
💳 Financial Data
Bank accounts, credit card numbers, debit cards, financial account + access codes
🩹 Medical Data
Health insurance information, medical records, health conditions, treatment history
🔐 Login Credentials
Usernames + passwords, security questions, email + password combinations
⚠ Class Action vs. Individual Claims
Many data breaches result in class action lawsuits. Class members typically receive $10-50 each, while attorneys receive millions. If you want to pursue the full $100-$750 statutory damages, consider opting out of class actions and pursuing an individual claim. I help consumers evaluate this decision.
⚖ California Law
California has the strongest consumer data protection laws in the nation. Here are the key statutes I rely on for data breach claims.
Key California Statutes
CCPA Section 1798.150 (Private Right of Action)
Allows consumers to sue for data breaches resulting from failure to implement reasonable security. Provides statutory damages of $100-$750 per consumer per incident, or actual damages if greater. Requires 30-day pre-suit notice to the business.
Civil Code 1798.82 (Data Breach Notification)
Requires businesses to notify California residents of security breaches involving personal information "in the most expedient time possible" without unreasonable delay. Notification must include specific information about the breach and steps consumers can take.
Civil Code 1798.81.5 (Reasonable Security)
Requires businesses that own or license personal information to implement and maintain "reasonable security procedures and practices" appropriate to the nature of the information. Failure creates liability for resulting breaches.
CPRA Amendments (Effective 2023)
California Privacy Rights Act expanded CCPA protections, created the California Privacy Protection Agency, and strengthened enforcement. Added new categories of sensitive personal information with enhanced protections.
CCPA Pre-Suit Requirements
⚠ 30-Day Notice Required Before Suing
Before filing a CCPA lawsuit, you must provide written notice to the business identifying the specific CCPA provisions violated. The business has 30 days to cure the violation. If they cure and provide written confirmation that no further violations will occur, you cannot pursue statutory damages (but may still pursue actual damages). I handle this pre-suit notice process for clients.
Damages Available
| Type | Amount | Requirements |
|---|---|---|
| Statutory Damages | $100-$750 per consumer per incident | Unauthorized access due to security failure |
| Actual Damages | Full amount of provable losses | Documentation of identity theft, fraud, etc. |
| Injunctive Relief | Court order for security improvements | Ongoing risk to consumers |
| Attorney Fees | Recoverable if you prevail | Discretionary with court |
🔍 Evidence Checklist
I help clients gather and preserve evidence for their data breach claims. Here is what strengthens your case.
📩 Breach Notifications
- ✓Breach notification letter from company
- ✓Email notifications about the breach
- ✓Credit monitoring offers (shows they knew)
- ✓News articles about the breach
👤 Your Relationship
- ✓Account records with the breached company
- ✓Proof of California residency
- ✓Dates you provided personal information
- ✓Types of data you shared with company
💰 Damages Evidence
- ✓Identity theft incidents after breach
- ✓Fraudulent charges or accounts
- ✓Time spent on identity recovery
- ✓Credit monitoring costs you paid
📄 Class Action Status
- ✓Class action notices received
- ✓Opt-out deadline dates
- ✓Settlement terms if applicable
- ✓Arbitration clause in company's TOS
💡 Check for Class Action Opt-Out Deadlines
If a class action has been filed for your breach, you typically have 60-90 days to opt out and preserve your individual claim rights. Missing this deadline can limit you to whatever the class recovers (usually much less than individual statutory damages). I monitor breach litigation and help clients make informed opt-out decisions.
📝 Demand Letter Template
Below are sample paragraphs I use in data breach demand letters. Customize for your situation.
📊 Sample Damages Calculation
Example: SSN and Financial Data Breach
❓ Frequently Asked Questions
No. Under CCPA Section 1798.150, you can recover statutory damages of $100 to $750 per consumer per incident without proving actual harm. The statute provides automatic damages for security failures that result in unauthorized access. If you can prove actual damages exceeding the statutory amount (identity theft costs, time spent, etc.), you can recover the greater amount instead.
It depends on your situation. Class actions typically result in small per-person recoveries ($10-50), while individual claims can recover the full $100-750 statutory damages. However, individual claims require more effort and may face arbitration clauses. If you have evidence of actual identity theft or financial harm, an individual claim is often worth pursuing. You can opt out of most class actions to preserve individual rights.
Under Civil Code 1798.82, a breach means unauthorized acquisition of computerized personal information that compromises security, confidentiality, or integrity. This includes: hacking incidents, ransomware attacks, employee theft, lost/stolen devices with unencrypted data, accidental exposure online, and improper disposal of records. Personal information includes SSN, driver's license, financial accounts, medical info, login credentials, and biometric data.
The statute of limitations for CCPA private right of action claims is generally 3 years from when you discovered or should have discovered the breach. For breach notification violations under Civil Code 1798.82, the limitation is typically 3 years from the violation. However, some claims may have shorter deadlines, and class action opt-out periods can be as short as 60 days. Act promptly upon learning of a breach.
💼 How I Help With Data Breach Claims
I handle California data breach claims for individuals who want to pursue the full statutory damages rather than accepting minimal class action recoveries.
My Services
| Service | Fee |
|---|---|
| Initial Consultation - Review your breach, assess claim strength | $240/hr |
| Demand Letter + 30-Day Notice - Full CCPA pre-suit package | $450 flat fee |
| Class Action Opt-Out Analysis - Compare individual vs class recovery | $240/hr |
| Full Litigation - If demand fails, court filing and prosecution | 33-40% contingency |
💡 Contingency for Strong Cases
For data breaches involving sensitive information (SSN, financial data, medical records) with documented identity theft or fraud, I may take your case on contingency. This means you pay nothing unless I recover damages for you. The contingency fee is typically 33-40% depending on case complexity.
Ready to Pursue Your Data Breach Claim?
I offer a 30-minute consultation to review your breach notification and discuss your options for individual recovery.
Contact
Email: owner@terms.law