DEAR HACKER, NOT TODAY — Data Breach Laws in California
Maybe it was from your bank. Maybe a retailer. Maybe your healthcare provider. Regardless of the sender, the message is the same: “Oops… your information may have been compromised.”
Welcome to the club nobody wants to join — the rapidly growing list of Californians whose personal data has been swept up in the fallout of corporate data breaches. But while identity theft is a modern nightmare, California law actually gives you powerful tools to fight back.
In this blog, we’ll break down exactly what to do when your data gets breached, your legal rights as a California consumer, and how R23 Law’s Consumer Protection Attorneys can help you recover — and even take action.
🔍 Step 1: Understand what kind of breach you’re dealing with
First things first: not all breaches are created equal.
California’s data breach notification law (Cal. Civ. Code § 1798.82) requires businesses to disclose what type of personal information was accessed. This matters — a lot — because the risk level (and your next legal move) depends on what was stolen.
Here’s how to interpret the red flags:
🔎 R23 Law Tip: If your Social Security number or financial info was involved, treat it as an active threat, not a future maybe.
🛡️ Step 2: Take immediate defensive action
The faster you act, the better your odds of preventing full-blown identity theft. Here’s your crisis checklist:
✅ Freeze your credit — it’s free and powerful
Contact the three major credit bureaus (Experian, Equifax, and TransUnion) to place a credit freeze. This blocks new accounts from being opened in your name — even if a thief has your data.
âś… Place a fraud alert
Fraud alerts don’t freeze your credit, but they warn creditors to take extra steps to verify your identity.
âś… File an FTC Identity Theft Report
Visit IdentityTheft.gov to create a formal report and recovery plan. It’s an essential paper trail.
âś… File a police report
California law allows identity theft victims to file a local police report, even if the crime happened online or out-of-state. It gives you stronger legal standing.
✅ Change your passwords — everywhere
Especially any account that shares a login or email associated with the breach.
⚖️ Step 3: Know your rights under California law
California offers some of the strongest consumer protection laws in the country. If your information is exposed, these are the legal rights you can — and should — exercise.
đź”’ The right to data breach notification
Companies must notify you “in the most expedient time possible” after discovering a breach, and include:
• What data was accessed
• When it happened
• Contact info and what they’re doing to fix it
• Whether identity theft protection is being offered
đź’Ą The right to sue for negligent data protection
Under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), consumers may sue companies for:
• Failing to implement reasonable data security measures
• Unauthorized access or disclosure of personal information
• Emotional distress and time spent recovering
You may be entitled to statutory damages of $100–$750 per consumer per incident — or actual damages, whichever is greater.
❌ The right to block fraudulent debt
If someone racks up credit in your name, you can:
• Dispute the account with the creditor and credit bureau
• Request that it be removed from your credit report
• Stop collections with proof of identity theft (like a police report or FTC report)
💼 Step 4: Let a lawyer help clean it up — and fight back
If you’re thinking, “This sounds like a lot to deal with,” you’re absolutely right.
That’s where we come in.
⚖️ Real Talk: You shouldn’t have to fix the mess someone else caused. And you definitely shouldn’t have to do it alone.
đź’¬ Common questions we hear (and how we answer them)
“Can I sue a company if my info was stolen?”
Yes — if they were negligent in securing your data. Under the CCPA/CPRA, you may be eligible for financial compensation even if no financial loss occurred yet.
“What if the company offered me free credit monitoring?”
That’s nice — but it doesn’t mean you lose your right to sue. In fact, offering credit monitoring can be an admission that your data was compromised.
“Do I need a lawyer to fix my credit report?”
Technically no, but in practice? Having a lawyer often means faster resolutions and better results, especially when dealing with stubborn creditors or multiple fraudulent accounts.
📞 Don’t just freeze your credit.
Freeze the chaos. Call R23 Law.
Whether you’re trying to erase a fraudulent account, stop harassing debt collectors, or sue for damages after a serious breach, R23 Law is here to help.
We don’t just know the law — we use it to protect Californians every single day.
🛡️ Let’s hold data-breaching companies accountable.
🧾 Let’s get your name and credit clean again.
📞 Let’s get started — your consultation is confidential and free.
