Data breaches are increasingly in the news as companies face growing attacks from hackers and other malicious actors. Victims of a data breach may be eligible to recover compensation for financial losses. In some instances, victims may be eligible to receive compensation for emotional distress and personal injury.
Understanding data breaches is the first step in determining how much you can claim for a data breach in Tampa, FL.
What Is a Data Breach?
According to the Florida Information Protection Act (FIPA), a breach is defined as unauthorized access to electronic data containing personal information.
An individual's personal data includes, but is not limited to:
- Social security number
- Email address or user name combined with the password or answers to security questions
- Passport number, driver's license number, and other similar numbers on a government document used to verify identity
- Information regarding medical history
- Financial account numbers
- Health insurance policy number
- Biometric data
- Individual geolocation
A data breach can harm consumers in numerous ways. There is a heightened risk of identity theft. Cybercriminals can also use personal information for numerous fraudulent activities, including opening bank accounts, applying for credit cards, and filing false insurance claims.
Understanding Florida Laws Governing Data Breach Claims
FIPA is the primary statute for protecting consumers’ rights regarding their personal data.
Some of the key details of the FIPA include:
- An expanded definition of personal information to include medical information, online account information, and health insurance
- A requirement for entities to provide notice to consumers of a data breach within 30 days (may have an additional 15 days for good cause)
- A requirement to notify the Office of the Attorney General when a data breach impacts 500 individuals or more
- A list of information that must be included in a notice of data breach
- A requirement for state government entities and businesses to take reasonable measures to protect data
- Expansion of the law to cover state governmental entities
The statute also provides enforcement actions for statutory violations under Florida's Unfair and Deceptive Trade Practices Act.
Consumers may file lawsuits against companies when a data breach causes them to suffer harm. The type of lawsuit depends on the factors involved in the case.
How Much Can You Claim in a Tampa Data Breach Case?
The compensation for a data breach in Florida depends on numerous factors. Florida data breach laws provide legal grounds for Tampa residents to pursue claims related to identity theft, negligence, breach of confidence, invasion of privacy, and other related issues.
Victims of a data breach may be able to recover economic damages. These damages represent the financial losses incurred because of a data breach.
Examples of economic damages include, but are not limited to:
- Unauthorized transactions
- Cost of credit repair
- Credit monitoring fees
- Costs of medical treatment
A data breach victim may also receive compensation for non-economic damages, including emotional distress and other intangible losses. However, the outcome depends on the type of lawsuit filed and the proof of damages. Evidence may include medical records for counseling and therapy for anxiety, depression, PTSD, and other conditions.
An experienced Tampa data breach lawyer analyzes your case to determine the best grounds for a lawsuit to maximize compensation.
Steps to Take if You're a Victim of a Data Breach in Tampa
According to one study, Florida is the fourth-worst state for data breaches. Healthcare data breaches are a common problem in our state.
A data breach can result in substantial financial losses; you can document your monetary damages by collecting copies of:
- Credit reports
- Police reports and identity theft reports
- Bank statements
- Evidence of your stolen personal information (i.e., copy of insurance information, Social Security card, bank account information, etc.)
- Notification of the data breach
- Communication with the responsible company
- Bills for counseling and therapy
File reports of the breach to the authorities. You can file a report with the Federal Trade Commission and the Florida Department of Legal Affairs. Keep copies of all documents related to your reports.
Contact Our Tampa Personal Injury Lawyers at Apex Law Firm, PLLC for Help After a Data Breach
Consult an attorney about filing a claim for data breach as soon as possible. A Tampa personal injury lawyer at Apex Law Firm, PLLC can advise you about your legal options for filing a lawsuit or joining a class action lawsuit. Time is limited for filing a data breach lawsuit. Do not wait to contact an attorney.
Apex Law Firm - Tampa Office
412 E Madison St Suite 1206, Tampa, FL 33602
(813) 444-5212
