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Quick Facts
The most important facts about data breach notices, in one place.
- What It Is
- A legal notice that your personal information may have been exposed
- Who Must Send It
- Companies and agencies, under breach notice laws in all 50 states1
- First Step
- Save the letter, then freeze your credit at all three bureaus
- Cost to Freeze Credit
- Free under federal law2
- Free Credit Reports
- Weekly, from AnnualCreditReport.com3
- Legal Options
- You may be able to join a data breach class action
What a Data Breach Notice Means
A data breach notice means a company believes someone who should not have it may have seen or taken your personal information.
The notice can come from a business, hospital, school, or government agency. It usually explains what happened, when it happened, and what kinds of information were involved, such as your name, Social Security number, medical records, or account numbers. Every state has a law that requires these notices.1
A notice does not mean your identity has been stolen. It means your information is at higher risk, and what you do in the next few weeks matters.
Watch for Fake Notices Scammers send letters and emails that look like real breach notices. Before you call a number or click a link, confirm the notice on the company's own website or your state attorney general's list of reported breaches.
Steps to Take After a Data Breach Notice
After a data breach notice, save the letter, freeze your credit, change exposed passwords, and watch your accounts.
- Read the Whole Letter Note the breach date, the types of information involved, and any enrollment code or deadline for free services the company offers.
- Save the Letter and the Envelope Take a photo or scan as well. If a class action or settlement follows, the letter is often what shows you were affected.
- Freeze Your Credit Contact Equifax, Experian, and TransUnion. A freeze stops new accounts from being opened in your name. It is free, and you can lift it any time.2
- Change Exposed Passwords Start with the account named in the letter, then any account that used the same password. Turn on two-step verification.
- Check Your Accounts and Reports Look for charges, accounts, or inquiries you do not recognize. Free weekly reports are at AnnualCreditReport.com.3
- Report Identity Theft If It Happens File a report at IdentityTheft.gov to get an official report and a step-by-step recovery plan.4
Credit Freeze vs. Fraud Alert vs. Credit Monitoring
A credit freeze blocks new accounts, a fraud alert asks lenders to verify your identity, and credit monitoring warns you after a change appears.
Credit Freeze
- Best For
- Stopping new accounts before they are opened
- What It Does
- Blocks new credit accounts in your name
- Cost
- Free by law
- How Long It Lasts
- Until you lift it
Fraud Alert
- Best For
- An extra layer of protection while you watch for problems
- What It Does
- Tells lenders to verify your identity first
- Cost
- Free by law
- How Long It Lasts
- One year, and it can be renewed
Credit Monitoring
- Best For
- Spotting changes quickly after they happen
- What It Does
- Alerts you when your credit report changes
- Cost
- Often offered free by the breached company
- How Long It Lasts
- Usually one to two years
Many People Use Both a Freeze and Monitoring Signing up for the monitoring a company offers usually does not give up your right to join a lawsuit, but read the terms before you enroll.
Extra Steps Based on What Was Exposed
The right next steps depend on what the notice says was exposed.
Social Security Number
Freeze your credit at all three bureaus and request an Identity Protection PIN from the IRS. The PIN stops anyone else from filing a tax return in your name.5
Medical or Health Insurance Information
Read every explanation of benefits from your insurer and look for care you did not receive. Breaches affecting 500 or more people are listed on the federal health breach portal.6
Bank or Card Numbers
Ask your bank or card issuer for a new account or card number, and watch your statements closely for several months.
Usernames and Passwords
Change the password right away, along with any other account that used it. A password manager makes it easy to use a different password everywhere.
Your Legal Rights After a Data Breach
If a company failed to protect your personal information, you may be able to join a data breach class action against it.
Companies that collect your information have a duty to protect it. When they fail to, a data breach class action lets everyone affected by the same breach bring one lawsuit together. Console & Associates, P.C. reviews data breach claims nationwide and can check whether a breach is one we are investigating.
Your breach notice letter is more than a warning, because it is often the proof that shows you were affected and may have the right to hold the company accountable.
Richard P. Console Jr., Esq., Console & Associates, P.C.
There's never a cost to you. The attorneys only get paid if the case wins. Time limits apply and vary by state, so it is better to ask sooner rather than later.
Common Questions
Short answers to what people most often ask after getting a breach notice.
I Got a Data Breach Notification Letter. What Should I Do First?
Save the letter, then freeze your credit at Equifax, Experian, and TransUnion. After that, change any exposed passwords and check your accounts for activity you do not recognize.
Is a Data Breach Letter a Scam?
Most are real, but scammers do copy them. Confirm the notice on the company's own website or your state attorney general's list of reported breaches before you call a number or click a link.
Should I Sign Up for the Free Credit Monitoring in the Letter?
It is usually worth it, since it costs you nothing and warns you about changes to your credit report. It does not replace a credit freeze. Read the terms before you enroll.
Can I Sue a Company After Getting a Data Breach Letter?
You may be able to. Many data breaches lead to class actions on behalf of everyone affected. Console & Associates, P.C. reviews these claims nationwide, and there's never a cost to you.
Sources
Every fact on this page comes from these official and legal sources.
- Justia, Security Breach Notification Laws: 50-State Survey
- Federal Trade Commission, Credit Freezes and Fraud Alerts
- AnnualCreditReport.com, the official site for free credit reports
- Federal Trade Commission, IdentityTheft.gov
- Internal Revenue Service, Get an Identity Protection PIN
- U.S. Department of Health and Human Services, Breach Portal