Equifax Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Equifax Data Breach
Equifax Breached my Financial Data Privacy, Could I Claim Compensation?
By Stephen Johnson. Last Updated 24th August 2021. Welcome to our guide on equifax data breach compensation. If you happen to be affected by an Equifax data breach, then you might question whether you have grounds to seek compensation. Throughout this online guide, we are going to look at equifax data breach claims in greater depth. In doing so, we will outline how data breaches are caused, what implications they can have, and most importantly, what action you could take should you happen to be affected.
Here at Legal Expert, we understand that the claims process can often be a daunting experience—especially for those with limited or no legal knowledge. However, by the time you have read this guide, you will have a greater understanding of the data breach claims process. More specifically, you will understand how a solicitor could offer to take on your case and help you seek the justice and compensation you deserve.
Should you have any questions regarding the content within this guide, or even if you’d like to discuss your potential case further, please call our team. The number is 0800 073 8804.
Select A Section
- A Guide To Customer Data Breach Claims Against Equifax
- What Is A Customer Data Breach Claim Against Equifax?
- How A Credit Reference Agency Should Apply The GDPR To Customer Data
- Cyber security breach statistics
- ICO Fines And Enforcement Taken Against Equifax
- Should You Report A Financial Service Data Breach To The ICO?
- How Victims Of Financial Data Breaches May Be Compensated
- Assessing Damages And Compensation For Customer Data Breach Claims
- How To Find A Solicitor For A Financial Data Breach Claim
- How A Data Breach Claim Solicitor Could Help You
- No Win No Fee Customer Data Breach Claims Against Equifax
- Contact Our Claims Team
- Customer Data Breach Resources
Whenever you purchase a new product online or check your credit with Equifax, your data is being used and stored. Rightfully, you expect the companies you interact with to abide by laws surrounding data protection.
For instance, ever since the introduction of the General Data Protection Regulation (GDPR), enacted into UK law by the Data Protection Act 2018, the laws and regulations surrounding data protection have grown exponentially. In doing so, there has been a surge in duties and responsibilities bestowed onto companies such as Equifax, emphasising how they must meet data protection laws/standards.
However, while some laws and regulations echo the importance of data protection, errors can still occur. Therefore, if you happen to be affected by an Equifax data breach, please continue to read this guide.
We are going to provide you with free, legal and impartial advice. In doing so, we will answer critical questions relating to the data breach claims process, such as:
- If I have suffered from an Equifax data breach, what should I do?
- Must I make my claim within a specific timeframe?
- Will I be required to provide evidence to support my claim?
- Can I get funding to support my claim?
- Should I choose to make a claim, could a solicitor help me?
Once you have read this guide, you will have the answers to the questions outlined above, as well as many others. However, please note that if your circumstances aren’t outlined within this guide, then please do not worry. It is incredibly challenging to outline every aspect of the claims process in a single guide. Therefore, simply contact our team to discuss your case in greater detail.
By contacting our team, one of our advisers will happily discuss your case in greater length. Our team can offer free legal advice of no obligation and help you kick start your claim today.
When discussing data breach claims, it is essential to acknowledge that every request must meet specific criteria for a solicitor to take it on. For example, for a lawyer to take on your Equifax data breach claim, your case must meet the relevant time limitation period.
Every data breach claim must be made within 6-years, or a single year if it involves a breach of your human rights. However, while this may sound like a significant amount of time, it is vital to begin your case as soon as possible. By starting your claim as quickly as possible it gives your solicitor time to build your claim and obtain all necessary evidence.
If you are uncertain about the limitation period or if you are unsure as to whether your case meets the limitation period, please speak to one of our advisers. Our team would be more than happy to talk with you and outline whether your case meets the requirements outlined above.
You might be questioning what is meant by a data breach and what impact it can have. In short, a data breach is when your personal data is exposed, stolen, or compromised.
In some circumstances, a data breach can be caused by the fault of a third party. For example, if an Equifax data breach were to occur, then the following forms of customer data could be exposed:
- Email address
- Banking details
- Online identity
- Mobile number
It is outlined by the General Data Protection Regulation (GDPR) that all businesses like Equifax must adhere to the laws and regulations surrounding data protection. However, if a breach were to occur, then the types of personal data outlined above could become compromised. Not only could a breach compromise customer data, but it could also jeopardise employee data.
As an employer, Equifax is required to keep all of its staff’s data safe (as well as their customers). After all, employee files can include bank details, CVs, home addresses, and very personal medical and personnel data.
However, if a breach were to compromise the security of their employee’s data, it may cause psychological trauma or financial difficulty. If that is the case, then those affected could have grounds to make a claim provided they can prove the breach and harm caused.
Regardless of whether you are an employee or a customer, if you have been affected by a data breach, then you may consider taking legal action. Within the following paragraphs, we will outline how to find the best solicitor, how the compensation process works, and much more. In the meantime, if you have any questions, please feel free to contact our team by using the live chat feature.
When discussing data breach claims, we must discuss the General Data Protection Regulation (GDPR). Ever since its introduction, the GDPR has emphasised the importance of secure data collection and storage. In doing so, the GDPR established roles and duties that must be carried out to ensure data protection is adhered to. Here are some examples:
- The data subject is the individual/individuals whose data is being stored/collected.
- Data controllers are often the companies responsible for the security and privacy of personal data.
- A data processor is a party that is responsible for processing your data. This is often done on behalf of another company.
With the roles outlined above come specific duties and responsibilities that must be carried out. Here are some examples:
- The data controllers are required to comply with their lawful duties, such as by only using data in an agreed-upon way and storing data for the time agreed when consent was given.
- Any personal data that is being processed must be lawfully and ethically done.
- All data subjects must be informed of how and why their data is being stored.
While the measures outlined above can ultimately contribute to safe data practices, there are circumstances where accidents can occur, and mistakes are made. In return, personal information can become compromised.
If you believe that an Equifax data breach has occurred and compromised your personal information, then please contact our team. If you have clear evidence of the breach and the harm caused, a claim could be a possible option.
For an insight into how much businesses can be affected by data breaches through cyber attacks, we can look at statistics provided by the Cyber Security Breaches Survey 2021. The report, published by the UK Government, surveyed 1,419 UK businesses and provides an overview of the 2020 cyber threat landscape.
Among the survey’s findings, 654 of the businesses surveyed experienced a data breach or cyber attack between March 2020 and March 2021. By far the most common type of cyber attack which businesses experienced was phishing attempts. 83% of the businesses which reported cyber attacks experienced this particular method.
27% of the businesses reported experiencing individuals impersonating an organisation through emails or other methods as part of an attempted cyber attack. 9% of the businesses were affected by malware, spyware or viruses.
The survey also found that 27% of the businesses surveyed identified experiencing a cyber attack at least once a week. 66% of the businesses surveyed reported they had a formalised incident response process in the event of a cyber security incident. However, in many cases, these responses are not considered comprehensive. Just 45% of the large businesses surveyed had communications and public engagement plans set up in response to cyber security incidents.
In this section of the guide, we are going to take a look at a case study that explores a recent ICO fine against Equifax.
Equifax was subjected to a cyber attack in 2017 that ultimately resulted in up to 15 million UK citizens’ data becoming compromised. The ICO investigated the matter and found that, although the systems that were attacked were located in the US, Equifax was responsible for the data of UK customers.
Therefore, it was found that the UK arm of the business failed to carry out the required measures to ensure its parent company, American Equifax Inc, was processing the data correctly. Due to this breach, the Information Commissioner’s Office (ICO) issued a fine to Equifax of £500,000.
How A Credit Reference Agency Could Breach Your Data Privacy
When we discuss data breaches, the initial reaction is to connect the idea of a breach to technology. While various technical issues could result in a data breach, such as malware, ransomware, and viruses, we must acknowledge there are physical errors that can occur too.
For instance, an Equifax data breach could occur in one of the following example situations:
- Should an employee leave their computer open or the office unlocked, then an unauthorised party could gain access to private data.
- If an employee were to send an email or letter containing private information to the wrong person.
You rightfully expect your private data to be treated confidentially and respectfully. Therefore, if an Equifax data breach were to occur, naturally, you may consider taking legal action, especially if you have clear evidence of the breach and the harm inflicted.
In the sections that follow, we outline how our solicitors could assist you when making a claim.
If you have been affected by an Equifax data breach, you might question if there are steps you can take to hold the company accountable. In many cases, having evidence to support your claim is critical, and there are many forms of evidence you can use.
In the next section of the guide, we look at the importance of medical assessments, however, please note that you could file a complaint through the Information Commissioner’s Office (ICO) regarding a data breach.
The Information Commissioner’s Office (ICO) is an organisation that can hold companies accountable for data breaches. For instance, if you were to report an Equifax data breach to the ICO, they could conduct their own investigation into the matter. Once the investigation has come to an end, the ICO could fine the company for failing to adhere to its data protection duties.
Before an ICO complaint can be made, however, you must make a complaint to the company that has breached your data. By doing so, the company should carry out its own investigation into the issue. Once the internal investigation has concluded they should tell you of their findings. If you’re dissatisfied with their response, there ought to be an escalation option given to you in which you can take the matter further within the company.
Should you exhaust all options, or if the company goes quiet on you, it may be worth contacting the ICO. This should ideally be done within 3 months of your last meaningful correspondence with the company. To delay any longer may see the ICO reject your request.
While making a complaint and requesting an ICO investigation cannot award you compensation, it can result in the company being fined for failing to adhere to data protection law. It may also provide useful evidence when making a claim.
You may question whether you could receive compensation if you are affected by an Equifax data breach. Should you have grounds to make a compensation claim, then it is essential to acknowledge that compensation can be split into two categories:
- Material Damages – awarded to those who endured financial losses because of the breach.
- Non-material damages – awarded to those who experience psychological trauma related to the breach.
We have briefly touched upon in the previous sections how you will be required to obtain evidence to support your claim.
If you have endured psychological trauma and wish to seek compensation, you will be required to attend a medical assessment as part of the claims process. Upon attending a medical examination, the professional conducting the evaluation will ask you a series of questions to gain an understanding of your trauma. The professional will also determine the severity of your condition and outline whether there are any long-term implications.
The information collected from the medical assessment will be documented in a medical report and used to value and support your case.
If you happen to have any questions regarding medical assessments, then please speak to one of our advisers.
We receive a lot of questions regarding the compensation aspect of the claims process, which is understandable. Thanks to the Court of Appeal case of Vidal-Hall and others v Google Inc , it’s now possible to seek compensation for psychological injuries even if you haven’t experienced any financial harm. It was further suggested in the case that compensation for such psychological harm should be valued in line with personal injury law.
However, we must echo that every compensation claim is unique to the circumstances at hand. After all, some people may experience different types of harm and of differing severities. To expand upon that point, we have included a compensation table with information provided by the Judicial College Guidelines.
Injury Severity Amount Notes
Psychiatric Damage Generally Moderate £5,500 to £17,900 Moderate damage would make tremendous recovery but would still experience trauma.
Psychiatric Damage Generally Severe £51,460 to £108,620 Severe cases of this nature would have a profound and life-altering impact. For example, cases of prolonged and frequent years of abuse.
PTSD Less Severe Up to £7,680 Minor cases of PTSD would be expected to make a full recovery with only minor symptoms.
PTSD Moderate £7,680 to £21,730 Moderate cases of PTSD would be expected to make a great recovery with only minor effects.
PTSD Severe £56,180 to £94,470 Severe cases of PTSD would have a life-long impact. In return, the affected individual would experience social and professional struggles.
The table above outlines how you could be awarded equifax data breach compensation for psychological trauma. However, please note that any financial loss you’ve experienced due to an Equifax data breach could be factored into your case too.
You would be required to provide evidence of financial loss to support your claim. Thankfully, there are various forms of evidence you can provide, such as bank statements, credit scores and receipts.
As always, our team would be more than happy to chat with you regarding your potential case. In addition to discussing your case, our claims team can also offer a more precisely estimated compensation figure related to your claim.
As we previously discussed in the earlier sections of this guide, the only way you can be awarded compensation for a data breach is by claiming against the company. Thankfully, here at Legal Expert, we can connect those with valid grounds to a solicitor that is well-versed in handling such cases.
Should one of our solicitors agree to take on your claim, then they can assist you throughout the claims process, ensuring that you receive the appropriate amount of compensation and the justice you deserve.
Understandably, the next question you may have might be “how do I find the best solicitor to handle my Equifax data breach claim?” Thankfully, we have you covered. In the sections that follow, we are going to provide you with insight steps to consider, as well as answering critical questions.
As we enter the final sections of this guide, you may question how you can find the best solicitor. A significant first step when it comes to the claims process is finding the right solicitor, and many claimants take to client reviews to help inform their decision.
By reading client reviews, you can gain incredibly insightful information into the experience of a potential lawyer. More specifically, you can gain insight into the success rate of the firm, whether the solicitors have relevant experience, and whether the firm is the right fit for you.
However, while we strongly recommend reading client reviews, we would suggest picking up the phone and speaking to an adviser. By picking up the phone, you have the opportunity to ask questions, such as “does the solicitor have relevant experience in handling cases similar to mine?”
If you would like to read our client reviews, please click here. And if you’d like to be connected to an expert lawyer today, call our team!
One of the main questions we receive when we chat to claimants is often concerning the financial aspect of the data breach claims process. Many claimants fail to pursue legal action and seek the compensation they deserve due to the financial stresses and anxieties surrounding the claims process.
It is for this reason why our solicitors could offer to handle your claim under a No Win No Fee agreement. By contacting our team, one of our advisers will evaluate your claim and assess whether it meets the relevant criteria—like the time limit we mentioned earlier.
Once this assessment has been completed, an adviser can connect you to a solicitor who could handle your claim under a No Win No Fee agreement.
No Win No Fee agreements provide claimants with the following financial benefits:
- Zero start-up costs—allowing you to begin your case as soon as possible
- No fees to pay while the claim is on-going.
- Should the claim have an unsuccessful outcome, then you would not be required to cover your solicitor’s legal costs.
If the claim has a successful outcome, your solicitor would retain a small success fee from the awarded settlement. However, please do not worry. The fee is capped by law, which means you do not lose out on a significant amount of your compensation.
If you have any questions, please refer to the next section and contact our team.
After taking the time to read our guide, you might feel that you are ready to begin your claim. If so, then please speak to one of our advisers.
Our claims team can offer free legal advice of no obligation, and they are available 24 hours a day, 7 days a week. So if you would like to reach out and speak with an adviser regarding your potential claim, please use one of the following quick and easy contact methods.
- Call us on 0800 073 8804.
- Click here to enquire online.
- Use the live chat feature located in the right corner of this page.
- Email us email@example.com.
We look forward to hearing from you.
Thank you for taking the time to read through the information we have provided on Equifax data breach claims. We sincerely hope you have found it useful.
Understandably, you might be looking for additional resources to further your knowledge of the claims process. Below, you will find that we have provided some additional resources for you to look through and to further assist your understanding of the claims process.
Misdiagnosis Guide – Suffered from a misdiagnosis? Read our guide to learn how our team could assist you.
No Win No Fee Guide – Why not read our guide to learn more about no Win No Fee agreement.
Medical Negligence Guide – if a loved one has died due to medical negligence, then please read our guide to learn more about how we can help you.
Road Traffic Accident Clams – Feel free to check out our guide on the variety of road traffic accidents which can occur and how to claim for such incidents.
Accident at Work Claims – This guide explains your rights and options if you’re hurt in an accident that wasn’t your fault in work.
Slip, Trip or Fall Claims – In this guide, we discuss how you may be able to claim for a slip, trip or fall which was caused by another party’s negligence.
Birth Injury Claims – This guide talks about how a compensation claim may be possible if a mother and/or baby experiences birth injuries due to medical negligence.
Restaurant Accident Claims – Read this guide to learn about the types of potential incidents in restaurants which you may be able to claim for and how the process can work.
Thank you for reading our guide on equifax data breach compensation.