What Does a Data Privacy Lawyer Do?

The amount a plaintiff is entitled to in a data privacy lawsuit depends on several factors: how wrongful the violation is, how serious the injuries and losses are, and how capable your attorney is when litigating these facts in court.

Here is the legal process your experienced data privacy lawyer may navigate on your behalf: 

• Pre-suit investigation: Personal data theft lawsuits require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant information. Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases.
• Filing a privacy invasion lawsuit: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed. Filing a lawsuit early in the process is often necessary to begin gathering evidence while witness memories are fresh and documents remain available.
• Case management: Once a privacy suit is filed by your attorney, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.
• Settlement negotiations: Your lawyer will negotiate with the opposing party to reach a strong settlement before going to trial. This allows clients to resolve the matter sooner rather than later, but if the other side is unwilling to deal fairly, the next step is a trial in court.
• Data privacy trial: During a trial, your lawyer will work to prove the other side’s negligence, the direct link between their negligence and your injuries, and the amount of damages owed. In addition to witness testimony and other documentary evidence, data theft and privacy claims rely upon digital evidence that must be explained clearly to a judge or jury.

Personal data theft attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your privacy case for free and assess what compensation any plaintiff can expect through litigation.

Understanding Data Privacy Laws

Data privacy laws exist to protect your personal information — your health records, credit history, online activity, and even what you watch or read. When companies fail to follow these laws, your data can be exposed or misused, and you have the right to take action.

At The Lyon Firm, an invasion of privacy attorney uses these laws every day to help clients recover after data breaches, identity theft, or other privacy violations.

The Original Federal Data Privacy Law — The Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA), passed in 1970, was the first major federal law to focus on data privacy. It regulates how credit reporting agencies, like Equifax, Experian, and TransUnion, collect, share, and use your credit information.

Think of it as your personal “credit privacy rulebook.” The FCRA ensures:

• Accurate reporting: You have the right to dispute and correct errors in your credit report.
• Privacy protections: Only authorized parties, like lenders or employers with your consent, can access your report.
• Data security: Agencies must protect your information from unauthorized access or misuse.
• Fair treatment: You must be notified if your credit report was used to deny you a loan, job, or insurance.
• Legal recourse: You can sue if an agency or company violates these rules.

Our attorneys help clients dispute inaccuracies, resolve identity theft issues, and hold credit reporting agencies accountable when they fail to safeguard private information.

Other Important Data Privacy Laws

While the FCRA focuses on your credit data, other federal and state laws protect different types of personal information. Here are some of the key privacy protections we often use in our cases:

• Health Insurance Portability and Accountability Act (HIPAA): Protects your medical records and health data. Hospitals, doctors, and insurers must keep your information private and secure. Patients have the right to see and correct their records and to file complaints for violations.
• Children’s Online Privacy Protection Act (COPPA): Keeps children safe online. Websites and apps directed toward kids under 13 must get a parent’s permission before collecting personal information.
• Gramm-Leach-Bliley Act (GLBA): Applies to banks and financial institutions. It requires them to explain how they share your information and to take steps to protect sensitive financial data.
• Telephone Consumer Protection Act (TCPA): Helps protect you from unwanted robocalls, texts, and telemarketing. If a company contacts you without permission, you may be entitled to financial compensation.
• Video Privacy Protection Act (VPPA): Prevents video and streaming companies from sharing your viewing history without consent — a law that’s becoming more important as streaming services track user data.
• Electronic Communications Privacy Act (ECPA) & Stored Communications Act (SCA): Protect your emails, texts, and other electronic communications from unauthorized access or surveillance.

California’s Strong Privacy Laws

Because the digital world is changing fast, some states, especially California and Virginia, have passed strong privacy protections that go beyond federal law.

Examples include:

• California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA): Giving residents more control over how businesses collect and share their data.
• California Invasion of Privacy Act (CIPA): Making it illegal to record or monitor private conversations without consent.
• California Data Breach Notification Law: Requiring companies to notify consumers quickly after a breach.
• California Right to Know Act: Giving consumers the right to know what personal data a business collects and how it’s used.
• Shine the Light Law: Requiring companies to disclose how they share personal data with third parties for marketing.

Privacy breaches and personal data theft cases can result in life-altering financial losses and reputational damages. Such losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through privacy and personal data lawsuits.

By working with a cyber security lawyer, you hold these companies accountable for their reckless or negligent handling of some of our most sensitive information. These cases send a message: personal privacy isn’t optional, and those who violate it must face consequences. Beyond recovering compensation for financial and emotional losses, these lawsuits help force systemic changes, making digital spaces safer for everyone.