EnglishEspañol

What To Do After a Data Breach: A Step-by-Step Guide

By Recording Law Editorial Team13 min read
What To Do After a Data Breach: A Step-by-Step Guide

Frequently Asked Questions

What is the very first thing I should do after getting a data breach notice?

Confirm the notice is genuine before you act on it. Go to the company's official website by typing the address yourself, or call a number you already have on a bill or card, rather than clicking a link or dialing a number printed in the notice.

Is it safe to click the link in a data breach notification email or text?

Treat it as unsafe by default. Fake breach notices that mimic a real company are a documented attack, and the FTC warns that legitimate companies do not ask you to confirm your Social Security number, bank login, or card number through a link in an unsolicited message.

Do I need to freeze my credit if my Social Security number was exposed?

A credit freeze is the strongest free protection available when a Social Security number is exposed, because it blocks lenders from opening new credit in your name even if someone has your number. It is free at all three bureaus under federal law and does not expire on its own.

Does freezing my credit hurt my credit score?

No. A credit freeze does not affect your credit score, and it does not stop you from seeing your own reports or using existing credit cards. It only blocks new lenders from pulling your file to open new accounts.

Should I pay for credit monitoring right after a data breach?

Not as your first move. Enroll in any free monitoring the breach notice already offers and freeze your credit first, since those two free steps cover most of what paid monitoring sells, and consider a paid service only for broader coverage or after the free period expires.

What is IdentityTheft.gov and does it cost anything?

IdentityTheft.gov is a free federal government site, run by the FTC, that builds you a personalized identity theft recovery plan and pre-fills the letters, affidavits, and dispute forms you need to send to credit bureaus, businesses, and debt collectors.

How do I find out if there is a class-action settlement for the breach that affected me?

Check RecordingLaw's data breach settlement tracker for the company that notified you. Not every breach produces a settlement, and if one exists it may still be in litigation with no claim form open yet, so this is a step to take after you have secured your credit and accounts, not instead of it.

Can I sue a company directly after a data breach?

In most states, an individual breach victim's realistic path is joining or waiting on a class action rather than filing an individual suit, though the facts of a specific breach can differ. California is currently the only state that gives consumers a direct private right to sue over certain data breaches on their own, under the California Consumer Privacy Act.

How long should I keep a credit freeze in place?

There is no requirement to ever lift a credit freeze. Many people leave freezes in place indefinitely and only lift them temporarily, at a specific bureau, when they are actually applying for new credit.

Sources and References

  1. Credit Freezes and Fraud Alerts(consumer.ftc.gov).gov
  2. IdentityTheft.gov: Data Breach Recovery Steps(identitytheft.gov).gov
  3. How To Recognize and Avoid Phishing Scams(consumer.ftc.gov).gov
  4. Use Two-Factor Authentication To Protect Your Accounts(consumer.ftc.gov).gov
  5. Free Credit Reports(consumer.ftc.gov).gov
  6. AnnualCreditReport.com, the official site for free credit reports(annualcreditreport.com)
  7. ReportFraud.ftc.gov(reportfraud.ftc.gov).gov
  8. What is a credit freeze or security freeze on my credit report?(consumerfinance.gov).gov
Share: