Malcolm L. MacGregor | December 26, 2025 | Miscellaneous

After the Hack: Can You Sue After a Data Breach?

Disclaimer: While this article discusses general legal issues related to data breaches, McDonald & MacGregor, LLC does not represent clients in data breach or data privacy cases. The information provided is for educational purposes only and is not a substitute for legal advice from a qualified attorney in this area of law.

When a company announces a security breach, many people are left wondering what comes next. After a data breach, can you sue if your personal information was exposed? The answer depends on what data was compromised, how the breach happened, and whether you suffered harm as a result. 

Data breaches can reveal sensitive information, including Social Security numbers, financial details, medical records, and login credentials. Even if fraud has not happened yet, the risk of future harm can be serious. Understanding your legal options after a data breach can help you determine the best steps to take to protect yourself. 

What Counts as a Data Breach?

A data breach occurs when private or sensitive information is accessed or disclosed without permission. This can happen due to hacking, poor security practices, or internal mistakes.

Common types of information exposed in data breaches include:

  • Social Security numbers
  • Bank or credit card information
  • Medical or insurance records
  • Usernames and passwords
  • Dates of birth and contact details

When companies fail to protect this data, affected individuals may have legal rights.

Can You Sue After a Data Breach in Pennsylvania?

After a data breach, can you sue under Pennsylvania law? In many cases, yes. Lawsuits are often based on claims that a company failed to use reasonable security measures or failed to warn consumers in a timely way.

You may be able to sue if:

  • The company did not properly protect your data.
  • Your information was exposed or stolen.
  • You suffered financial loss, identity theft, or other harm.
  • The company delayed or failed to notify you.

Even if your losses are small, you may still have legal options through a class action lawsuit.

What Harm Must You Show?

Not every data breach leads to a successful lawsuit. Courts often consider whether the breach caused actual harm.

Types of harm that may support a claim include:

  • Unauthorized charges or drained accounts
  • Identity theft or fraudulent loans
  • Costs for credit monitoring or identity protection
  • Time spent fixing credit issues
  • Emotional stress tied to misuse of personal data

Some cases allow claims even when harm is expected but has not yet occurred, especially when sensitive data was exposed.

Individual Lawsuits vs. Class Actions

Following a data breach, lawsuits are often filed as class-action suits. These cases group together many people affected by the same incident.

An individual lawsuit may make sense if:

  • Your financial losses are significant.
  • Your identity was repeatedly misused.
  • You faced long-term credit damage.

Class actions are more common when losses are smaller but widespread in nature. In these cases, compensation is often shared among many claimants.

What Compensation Is Available?

Compensation in data breach cases depends on the facts of the case. Some settlements provide modest payments, while others offer more for documented losses.

Possible compensation may include:

  • Reimbursement for out-of-pocket expenses
  • Payments for proven fraud or identity theft
  • Credit monitoring services
  • Compensation for time and inconvenience

The amount you receive often depends on the number of people affected and the type of proof you provide.

What Should You Do After a Data Breach?

If you receive notice of a breach, acting promptly can help mitigate the harm.

Important steps include:

  • Reviewing the breach notice carefully
  • Changing passwords on affected accounts
  • Monitoring bank and credit card statements
  • Placing fraud alerts or credit freezes if needed
  • Keeping records of any suspicious activity

These steps can also help support a future legal claim if problems arise.

Deadlines and Timing

There are deadlines for filing data breach lawsuits. These deadlines depend on the type of claim and state law. Waiting too long can bar recovery, even if the breach was serious.

Acting early allows time to gather evidence, track damages, and determine whether a class action is already pending.

Why Data Breach Lawsuits Matter

Data breach lawsuits are not just about compensation. They also encourage companies to enhance their security practices and safeguard consumer information. When companies are held accountable, future breaches may be prevented.

Understanding your rights helps you determine whether pursuing legal action is worthwhile.

Contact Our Scranton Personal Injury Lawyers at McDonald & MacGregor, LLC for a Free Consultation. 

After a data breach, can you sue in Pennsylvania? Each case depends on the facts, but understanding how data breach claims work can help you protect your finances, your identity, and your future. Contact McDonald & MacGregor, LLC to schedule a free consultation with our Scranton personal injury lawyers. 

dule a free case evaluation with our team today. We proudly serve Scranton, Wilkes-Barre, Hazleton, Luzerne County, Lackawanna County, and surrounding areas.

McDonald & MacGregor, LLC
220 Penn Ave Suite 320, Scranton, PA 18503
(570) 209-7062