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Data Breaches

Data Breach Lawsuits: What They Are and How They Work

Updated October 14, 2026

Short answer

What a data breach lawsuit is, what Civ. Code § 1798.150 provides, what relief cases seek, and the federal fraud alert and credit freeze deadlines.

Topic
Data Breaches
Law discussed
Data breach / privacy
Jurisdiction
United States · state law may differ
On this page

A data breach lawsuit is a civil case against the company that held personal information that was exposed. A breach notice alone does not establish a claim, and whether a particular situation gives rise to one depends on its facts and on the law that applies.

This page explains what a data breach lawsuit is, what California's Cal. Civ. Code § 1798.150 provides on the conditions it states, and which federal credit-file protections a consumer may use under 15 U.S.C. § 1681c-1.

What a Data Breach Lawsuit Is

A data breach is unauthorized access to, or taking of, personal information that a company holds. That information might be names and Social Security numbers, health records, bank or card numbers, or login details.

A data breach lawsuit is a civil case. A person whose information was exposed brings it against the company that was responsible for protecting that information. The person bringing the case is the plaintiff. The company is the defendant.

Receiving a breach notice tells a person that an exposure happened. It does not, by itself, establish that the person has a claim. Whether a particular situation gives rise to a claim depends on its facts and on the law that applies.

California's Statutory Claim for Certain Breaches

California has its own rule in Cal. Civ. Code § 1798.150. Under it, a consumer may institute a civil action if the consumer's nonencrypted and nonredacted personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Cal. Civ. Code § 1798.81.5, or the consumer's email address in combination with a password or security question and answer that would permit access to the account, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business's violation of the duty to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect it.

The statute lists three kinds of relief a consumer may seek in that action: damages in an amount not less than $100 and not greater than $750 per consumer per incident or actual damages, whichever is greater; injunctive or declaratory relief; and any other relief the court deems proper. The statute provides that the dollar amounts are adjusted under subdivision (d) of Cal. Civ. Code § 1798.199.95. In assessing the amount of statutory damages, the court must consider any one or more of the relevant circumstances presented by any of the parties, including the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which it occurred, its willfulness, and the defendant's assets, liabilities, and net worth. These are what the statute allows a court to award in such an action, not an amount that any particular person will receive.

Statutory damages carry a notice condition. An action under the section may be brought if, before initiating any action against a business for statutory damages on an individual or class-wide basis, the consumer provides the business 30 days' written notice identifying the specific provisions of the same title of the Civil Code that the consumer alleges have been or are being violated. If a cure is possible and, within the 30 days, the business actually cures the noticed violation and gives the consumer an express written statement that the violations have been cured and that no further violations shall occur, no action for individual or class-wide statutory damages may be initiated. Implementing and maintaining reasonable security procedures and practices after a breach does not constitute a cure for that breach. No notice is required before an individual consumer starts an action solely for actual pecuniary damages.

The cause of action applies only to violations of the kind described above and is not based on violations of any other section of that title. Whether a particular situation meets these conditions depends on its facts. State law differs from state to state, and this is California's rule.

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Federal Credit-File Protections

One federal law speaks directly to protecting a consumer's credit file after an exposure: the Fair Credit Reporting Act. Its fraud alert and security freeze provisions appear at 15 U.S.C. § 1681c-1.

What Happens After a Data Breach Notice Arrives

Fraud Alerts

A fraud alert asks lenders to take extra steps to confirm a person's identity before opening new credit in that person's name.

A consumer who suspects in good faith that they have been, or are about to be, a victim of fraud or identity theft may ask a nationwide consumer reporting agency for an initial alert. A consumer reporting agency is a credit bureau. Once it has appropriate proof of the person's identity, it must keep the alert on the file for at least 1 year and refer it to the other nationwide agencies, under 15 U.S.C. § 1681c-1(a).

A consumer who submits an identity theft report may request an extended alert. That alert lasts 7 years, unless the consumer asks to remove it sooner. For 5 years the agency must also exclude the consumer from lists provided to third parties to offer credit or insurance in a transaction the consumer did not initiate, unless the consumer asks for that exclusion to be rescinded.

When an alert is placed, the agency must tell the consumer that free copies of their file may be requested: one copy for an initial alert, and two copies within 12 months for an extended alert. After the consumer requests a copy, the agency must provide the file disclosures without charge no later than 3 business days after the request.

Credit Freezes

A security freeze, also called a credit freeze, stops a consumer reporting agency from releasing the person's report to anyone who requests it, except in the cases listed below. Placing a freeze is free. Under 15 U.S.C. § 1681c-1(i), after a direct request and proper identification from the consumer, the agency must place it within 1 business day of a request made by toll-free telephone or secure electronic means, or within 3 business days of a request made by mail. It must send confirmation within 5 business days after placing the freeze.

Lifting a freeze is also free. The agency must lift it within 1 hour for a phone or electronic request, or within 3 business days for a mail request.

A freeze does not apply to some users, including:

  • existing creditors reviewing or collecting an account,
  • certain government agencies, and
  • people using the report for employment, tenant or background screening, or insurance underwriting.

The CFPB's page on security freezes states that a freeze does not affect credit scores. It also notes that each nationwide credit reporting company must be contacted separately to place one.

Identity Theft Reports and Credit Reports

The FTC's page on credit freezes and fraud alerts explains how to qualify for an extended fraud alert. According to that page, a person qualifies after completing an FTC identity theft report at IdentityTheft.gov or filing a police report. The same page notes that accounts a person does not recognize on a credit report could be a sign of identity theft.

Where misuse has already happened, the identity theft protections under federal law also come into play. None of these steps is a legal claim, and none of them determines the outcome of any lawsuit.

The page on consumer rights remedies covers remedies under federal consumer law. The general stages of a case are explained in how consumer lawsuits work.

If You'd Like a Consumer Rights Case Review

This page covers data breach lawsuits, Cal. Civ. Code § 1798.150 and the federal credit-file protections in 15 U.S.C. § 1681c-1.

A reader looking for a data breach lawsuit attorney may request a consumer rights case review through Federal Consumer Rights.

Frequently asked questions

Can I sue a company for a data breach?

Under Cal. Civ. Code § 1798.150, a consumer may institute a civil action when nonencrypted and nonredacted personal information, or an email address with a password or security question and answer that would permit access to the account, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business's violation of the duty to implement and maintain reasonable security procedures and practices. That is California's rule, and it carries the conditions described above. A breach notice alone does not establish a claim.

What relief does Cal. Civ. Code § 1798.150 provide?

The statute lists damages of not less than $100 and not greater than $750 per consumer per incident or actual damages, whichever is greater; injunctive or declaratory relief; and any other relief the court deems proper. Statutory damages are subject to the 30-day written notice and cure condition, and the dollar amounts are adjusted under subdivision (d) of Cal. Civ. Code § 1798.199.95.

What credit file options does a consumer have after a data breach?

A consumer may review the notice, place a free fraud alert or credit freeze with the nationwide credit bureaus, and check credit reports for unfamiliar accounts. Where information has been misused, a consumer may complete an FTC identity theft report at IdentityTheft.gov. The FTC describes that report as one basis for an extended fraud alert.

Does a data breach automatically mean a company broke the law?

No. A breach does not by itself establish that a company violated any law. Under Cal. Civ. Code § 1798.150, the civil action requires that the unauthorized access, exfiltration, theft or disclosure result from the business's violation of the duty to implement and maintain reasonable security procedures and practices. Whether a particular situation meets that condition depends on its facts.

What You Can Do Next

Are Collectors or Credit Errors Causing You Problems?

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Sources and authorities

  1. 0115 U.S.C. § 1681c-1, Identity theft prevention; fraud alerts and active duty alerts (govinfo.gov) — GovInfo (U.S. Government Publishing Office)
  2. 02What is a credit freeze or security freeze on my credit report? (Consumer Financial Protection Bureau) — Consumer Financial Protection Bureau
  3. 03Credit Freezes and Fraud Alerts (Federal Trade Commission) — Federal Trade Commission: Consumer Advice

Published by: Federal Consumer Rights Editorial Team

Content type: Legal Information & Consumer Education