What Should I Do If My Personal Data Has Been Breached?

Data breaches have become an all-too-common occurrence. From major corporations to small businesses, it seems like no one is immune to the threat of cybercriminals stealing sensitive information. If you’ve received a notification that your personal data has been compromised in a breach, there are steps you can take to mitigate the damage and protect yourself moving forward.

Identify What Information May Have Been Exposed

The first step in responding to a data breach is to determine exactly what information may have fallen into the wrong hands. Not all breaches are created equal, and the type of data that’s been compromised can greatly impact your risk level and the steps you need to take to protect yourself.

Types of Personal Data Commonly Compromised in Breaches

Some of the most sensitive information that cybercriminals go after includes:

• Financial data: This can include credit card numbers, bank account details, and other information that could be used to make fraudulent purchases or withdrawals.
• Social Security numbers: Your SSN is a key piece of your identity, and in the wrong hands, it can be used to open new accounts, file for government benefits, or even commit tax fraud.
• Login credentials: If your username and password for one account are exposed, hackers may try to use them to gain access to other accounts where you’ve used the same login.
• Contact information: Even seemingly harmless details like your email address or phone number can be used by scammers to target you with phishing attempts or other forms of fraud.

How to Determine If Your Information Was Involved

There are a few different ways you may find out that your data has been compromised:

• Breach notifications: Under state and federal laws like California’s Data Breach Notification Act (Civil Code Section 1798.82) and the Gramm-Leach-Bliley Act, companies must notify consumers when their personal information has been exposed in a breach. These notifications should provide details on what happened, what data was involved, and what steps the company takes to address the issue.
• News reports: Major breaches often make headlines, so if you see a company you do business with in the news for a data breach, there’s a good chance your information may have been compromised.
• Suspicious activity: If you start seeing unusual charges on your credit card statements or new accounts showing up on your credit report, this could be a sign that your identity has been stolen.

If you’re unsure whether your data was involved in a particular breach, don’t hesitate to contact the company directly and ask. They should be able to provide more information on who was affected and what steps you need to take.

Take Immediate Steps to Secure Your Accounts

Once you’ve confirmed that your data has been breached, it’s time to act. The faster you move to secure your accounts, the lower your risk of falling victim to identity theft or fraud.

Change Your Passwords

One of the first things you should do is change your passwords on any accounts that may have been compromised. When creating new passwords, be sure to:

• Use a unique password for each account so that if one is breached, the others will still be secure.
• Use a mix of upper- and lowercase letters, numbers, and special characters to make your passwords long, complex, and difficult to guess.
• Consider using a password manager to generate and store strong passwords for you.
• Enable two-factor authentication whenever possible for an added layer of security.

Alert Financial Institutions

If your financial information was exposed in the breach, you’ll want to immediately notify your bank, credit card companies, and other relevant institutions. They can help you:

• Cancel and replace any compromised cards or account numbers.
• Review your recent transactions for signs of fraud.
• Set up alerts or additional security measures on your accounts.
• Dispute any fraudulent charges and potentially recover stolen funds.

Be Wary of Phishing Attempts

In the wake of a data breach, it’s common for scammers to pose as representatives from the affected company, trying to trick you into giving up even more of your personal information. To protect yourself:

• Be cautious about responding to unsolicited emails, texts, or phone calls requesting your data, even if they claim to be from the breached organization.
• Instead of clicking on links in these messages, go directly to the company’s website or contact them using a verified phone number or email address.
• Never share sensitive details like your Social Security number, account passwords, or full credit card numbers over email, text, or unsecured websites.

Monitor Your Credit Reports and Financial Accounts

One of the most important things you can do after a data breach is to monitor your credit reports and financial accounts for signs of suspicious activity. The earlier you catch potential identity theft or fraud, the easier it will be to minimize the damage and resolve things.

Obtain Free Credit Reports

Under the Fair Credit Reporting Act (FCRA), you are entitled to a free copy of your credit report from each of the three major credit bureaus (Equifax, Experian, and TransUnion) once every 12 months. You can request all three reports at once or space them out throughout the year for more regular monitoring.

In addition to your annual free reports, you may be eligible for additional free monitoring if your data was exposed in a breach. Many companies offer complimentary credit monitoring services to affected customers as part of their breach response.

Place a Fraud Alert or Credit Freeze

If you suspect that you may be at risk of identity theft due to a data breach, you have two main options for flagging your credit reports:

• Fraud alerts: A fraud alert notifies lenders and creditors that they should take extra steps to verify your identity before opening new accounts or extending credit in your name. Under the FCRA, an initial fraud alert lasts for one year, while an extended fraud alert for victims of identity theft lasts seven years.

To place a fraud alert, contact any of the three major credit bureaus – the one you contact must notify the other two on your behalf.

• Credit freezes: A credit freeze, also known as a security freeze, restricts access to your credit reports. This makes it difficult for identity thieves to open fraudulent accounts, as most lenders will not extend credit without first checking your report.

Thanks to the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018, credit freezes are now free for everyone, not just identity theft victims. To place a freeze, you’ll need to contact each credit bureau individually.

Report Identity Theft and Fraudulent Activity

If you do discover that your identity has been stolen or that fraudulent accounts have been opened in your name, it’s crucial to act quickly to minimize further damage. This usually involves a three-step process:

1. File an identity theft report with the Federal Trade Commission (FTC) at IdentityTheft.gov. This report will help you prove to businesses that you are a victim and make removing fraudulent charges easier.
2. Report the identity theft to your local police department as well. Make sure the police report includes as many details as possible about the accounts or information that were compromised. This, along with your FTC report, creates your official Identity Theft Report that entitles you to certain legal protections.
3. Contact the fraud departments of all affected creditors and financial institutions to notify them of the situation. They will walk you through the next steps, which may include closing fraudulent accounts, disputing charges, and issuing new account numbers.

Know Your Rights and Resources

Finally, educating yourself about the various laws, regulations, and resources that can help you protect your identity and recover from fraud is important. For example:

• The Fair Credit Reporting Act (FCRA) governs how credit bureaus and lenders handle your credit information and gives you the right to dispute inaccurate or fraudulent items on your credit report.
• The Fair Credit Billing Act (FCBA) protects against unauthorized charges on your credit card accounts.
• The Identity Theft Resource Center (ITRC) offers free victim assistance, educational resources, and guidance on preventing and resolving identity crimes.

If your data does end up being misused, don’t hesitate to seek legal guidance to understand your rights and options. An experienced consumer protection attorney can help you navigate the process of recovering from identity theft and holding any negligent parties accountable.

At Ware Law Firm, we’re committed to advocating for consumers who have been harmed by data breaches and other deceptive business practices. If you suspect your personal information has been compromised and need legal advice, contact us today for a free consultation.