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data breach compensation
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Hayes Connor Solicitors launches group action following Equifax data hack investigation

Hayes Connor Solicitors, is launching a group action to help victims of the Equifax data hack claim compensation.

Our firm of expert online fraud and data protection solicitors is expecting an influx of queries from people whose data was put at risk by the credit reference agency. The group action is being initiated after Equifax was fined £500,000 by the Information Commissioner’s Office (ICO).

The ICO’s investigation was carried out under the Data Protection Act 1998 rather than the current General Data Protection Regulation (GDPR), and the £500,000 fine is the maximum allowed under the previous legislation.

What happened in this case?

The fine follows a 2017 cybersecurity incident which led to the loss of UK customer data held by Equifax Ltd on the servers of its US parent. Following the data breach, it was revealed that Equifax’s failure to patch a server flaw resulted in hackers potentially stealing 143 million US citizens’ data, and the personal details of up to 15 million Brits. This sensitive information included email addresses, passwords, driving license numbers and phone numbers.

Furthermore, while Equifax originally said that no UK passwords or financial information were stolen in the hack, it has since admitted that the passwords and partial credit card details of almost 15,000 UK customers were compromised.

The ICO investigation revealed multiple failures at the credit reference agency. For example, measures which should have been in place to manage the personal data were found to be inadequate and ineffective. Investigators also found significant problems with data retention, IT system patching and audit procedures.

Information commissioner Elizabeth Denham said Equifax showed a “serious disregard” for its customers and their personal information.

Why should you join the Equifax group action?

The sheer scale of the Equifax data breach means that millions of people across the UK are now at an increased risk of theft and identity fraud. So we welcome the news that the ICO is holding Equifax to account.

However, while fines are an essential step in ensuring big businesses like Equifax do more to uphold their obligations and keep people safe, it does very little to help those already affected by the breach. As such, anyone who has suffered following the Equifax cyber-attack should be looking to claim compensation.

What can you claim compensation for?

Many Equifax customers have had their financial information stolen, and that can be devastating if it gets used by cybercriminals to carry out fraud or theft. But, in addition to this, much of the data stolen from Equifax is considered to be personally identifiable information. This means that the data can be used to identify a specific individual, and be manipulated to undertake identity fraud.

We should all be very worried about what could happen if our personal data gets into the wrong hands. With enough information, cybercriminals can steal our identities, apply for credit in our name, set up fraudulent bank accounts and access our existing accounts. So, it is understandable that victims would want to seek compensation for Equifax’s failure to look after their information correctly, and the best way to do this is through a group action case.

Crucially, it doesn’t matter if you haven’t lost out financially as a result of the Equifax hack. Being the victim of a crime can have a significant impact on you mentally and physically. So, if the data breach has caused you stress or anxiety then the law agrees that you are entitled to compensation.

What is a group action?

A group action allows people with the same type of claim to bring it together on a collective basis. Doing this strengthens their overall position and increases their chances of settlement or success at Court. What’s more, with a group action, claimants often share the legal fees. So, while the cost of pursuing small claims can be a barrier to justice, by grouping cases together, solicitors are often able to run group actions on a no win-no fee basis (as in this case).

However, just because a case is part of a group action, this doesn’t mean that everyone will get the same amount of compensation if successful. All claims within a group action are still settled based on their merits, and victims will receive what they are owed.

How to join the Equifax group action

To become part of the Equifax group action, you will need to register with Hayes Connor Solicitors. Doing this guarantees that you will form part of the compensation claims that will be lodged by our firm. While each case is different, it is expected that each person will be able to claim up to £2,500 (possibly even more for people who have had their financial data stolen).

Hayes Connor Solicitors is also providing no-win, no-fee funding arrangements in this case, and, if successful won’t charge a “success fee”. This means, if someone is awarded £1,500, they will get all of the compensation. There are no solicitor’s fees win or lose.

If you have been affected and want to join the group action, you can register your details here.

claim against Equifax
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Everything you need to know about making a Group Action Claim against Equifax

In September 2018, Equifax was fined £500,000 by the Information Commissioner’s Office. The ICO’s investigation was carried out under the Data Protection Act 1998 rather than the current General Data Protection Regulation (GDPR), and the £500,000 fine is the maximum allowed under the previous legislation.

The fine came after Equifax’s failure to fix a security flaw in one of its online systems resulted in hackers accessing the personal details of millions of people in the UK and US.

But, while the fine is an essential step in ensuring big businesses like Equifax do more to uphold their obligations and keep people safe, it does very little to help those already affected by the breach. As such, anyone who has suffered following the Equifax cyber-attack should be looking to claim compensation.

But, if you were a victim of the Equifax data breach, how should you go about doing this?

In this short guide, our helpful team of online fraud and data protection solicitors have set out everything you need to know about making a Group Action Claim against Equifax.

Who can make a data breach group action claim against Equifax?

Following the data breach, Equifax sent a letter to those affected, informing them that their data was put at risk. The sensitive information exposed includes email addresses, passwords, driving license numbers and phone numbers. Everyone who has received this letter can claim compensation.

However, since the hack was first uncovered, Equifax has admitted that far more people were put at risk than first thought. This includes:

  • The sensitive details of up to 694,000 Brits
  • The passwords and partial credit card details of 15,000 UK customers
  • The personal data of a further 14 million UK users.

If you are in any way concerned, contact Hayes Connor Solicitors and let us know. We will check if you have had your data breached (if the company has not admitted as much already). Once we have established that your data has been violated – and the extent of this failing – we can start the claims procedure on your behalf. Of course, we’ll only do this with your explicit agreement!

Crucially, it doesn’t matter if you haven’t lost out financially as a result of the Equifax hack. Being the victim of a crime can have a significant impact on you mentally and physically. So, if the data breach has caused you stress or anxiety – in a way that could be diagnosed by a psychologist – then the law agrees that you are entitled to compensation.

Why should you join the group action claim against Equifax?

A group action allows people with the same type of claim to bring it together on a collective basis. Group action claims are becoming far more common in the UK. Here are just some of the reasons why:

  • Strength in numbers. Starting a claim can be frightening, and it’s not unusual for people who have perfectly valid complaints to be put off due to the risks of going up against a large and well-resourced Defendant. Where cases are very similar, group actions can be a powerful tool and can redress the balance
  • Save on legal costs. By joining together, individuals can share the risks and costs of claiming compensation. Legal advice is also shared, so not everyone in the action needs to pay for their own solicitor
  • Help victims with smaller claims. Group actions provide a way for people with more modest cases (that may not justify legal fees) to claim the compensation they deserve. Often, solicitors will agree to take such cases on a no-win no-fee basis
  • You might not have to go to court. Usually, a Test Case is started, and common issues are tried. The result of this case is then used as a precedent for other cases in the action; so every single claim doesn’t have to be taken to court.

However, just because a case is part of a group action, this doesn’t mean that everyone will get the same amount of compensation if successful. All claims within a group action are still settled based on their merits, and victims will receive what they are owed.

We believe that a Group Action Claim against Equifax is the best way to seek compensation.

Find out more about group actions.

How much does it cost to join the Equifax group action?

At Hayes Connor Solicitors, we are dealing with all Equifax data breach claims on a no-win, no-fee basis. This means that, if your claim is not successful, you won’t have to pay a penny.

What’s more, if your claim is successful we expect to be paid by the offending party (Equifax). So, as well as providing no-win, no-fee funding arrangements, we won’t charge you a “success fee”. This means, if you are awarded £1,500, you’ll get all of the compensation. There are no solicitor’s fees win or lose.

There are also no hidden charges or other administration fees.

How much compensation can you expect following the Equifax data breach?

We cannot say that you will definitely get compensation, but a group action helps to strengthen your chances. We believe Equifax has breached people’s data and needs to be held responsible by compensating for any losses, distress and inconvenience caused. While each case is different, it is expected that each person will be able to claim up to £2,500 (possibly even more for people who have had their financial data stolen).

What should you do now?

To become part of the Equifax group action, you will need to register with Hayes Connor Solicitors. Doing this guarantees that you will form part of the compensation claims that will be lodged by the firm. We will keep your details (securely of course) and help you get the compensation you deserve.

Once you have registered with us, it’s important to keep a ‘diary’ or note of events since the hack. This will help us with your case.

For example:

  • Has your card been used without permission?
  • Are there transactions that you bank has picked up that you haven’t made?
  • Are you getting more ‘spam’ or junk email with your name on it? If so, create a folder and keep it as this may be relevant
  • Are you anxious or worried by the thought of people being able to access your data? Has this caused you any distress?

We have already received an influx of queries from people whose data was put at risk by the credit reference agency. If you were affected, you could be entitled to up to several thousand pounds, so it’s important to act now.

Register your details here.

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INFOGRAPHIC: Everything you need to know about the Equifax Data Hack

Hayes Connor Solicitors, is launching a group action to help victims of the Equifax data hack claim compensation. Our firm of expert online fraud and data protection solicitors is expecting an influx of queries from people whose data was put at risk by the credit reference agency. The group action is being initiated after Equifax was fined £500,000 by the Information Commissioner’s Office (ICO).

Here’s a quick overview of this case:

Register your details here.

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Data protection complaints increase by almost 50% in three months

According to the Information Commissioner’s Office (ICO), the number of reported data protection complaints has almost doubled since April this year. The increase in data breach complaints has happened since the introduction of the GDPR on May 25th.

The stats show that:

  • 4,214 data protection complaints were made in July
  • 3,098 data protection complaints were made in June
  • 2,310 data protection complaints made in May
  • 2,165 complaints were made in April.

In total, there were 957 reported data security incidents in Q4 2018. Common causes for these data violations include:

  • Data sent to the wrong recipient
  • Loss of theft of paperwork
  • Failure to redact data
  • Failure to use bcc when sending an email.

Worryingly, reported cybersecurity incidents also increased by 31% over the same period. Overall, general business, education and local government were the sectors with the most reported data breaches (the figures exclude the health sector).

Commenting on the changes since the introduction of the GDPR, a spokeswoman for the ICO said: “It’s early days and we will collate, analyse and publish official statistics in due course. But generally, as anticipated, we have seen a rise in personal data breach reports from organisations.

“Complaints relating to data protection issues are also up and, as more people become aware of their individual rights, we are expecting the number of complaints to the ICO to increase too.”

A rise in data breach awareness

The stats indicate that more and more people are becoming aware of their data protection rights. This makes sense as there have been many high-profile data protection scandals over the last few months.

For example, at Hayes Connor Solicitors we are involved in the following cases:

 

  • Emma’s Diary. Emma’s Diary sold its users’ information to Experian’s marketing division. This data was then used to create a database which the Labour Party manipulated to profile new mums in the run-up to the 2017 General Election. Find out more about the Emma’s Diary data breach
  • Dixons Carphone. The Dixons Carphone or Carphone Warehouse data breach took place in 2017. It resulted in 10 million customer records being accessed from Currys PC World and Dixons Travel stores. The details stolen by cyber criminals include names, addresses, phone numbers, dates of birth, and email addresses. All of which can be used by cybercriminals to commit further crimes. Find out more about the Carphone Warehouse data breach
  • Ticketmaster has admitted that thousands of UK customers have been put at risk due to third-party software on their website. This has since been removed but not before the software accessed a number of customers’ personal and financial details. Find out more about the Ticketmaster data breach
  • Last year, Equifax warned that up to 400,000 UK consumers might have had their personal details stolen. The data included names, address, dates of birth, and credit card numbers. Find out more about the Equifax data breach.

 

If you have been affected by any of these data protection cases, or if you want to make a data breach compensation claim against another organisation, let us know.

At Hayes Connor Solicitors, we’ve been helping people to get the justice they deserve for over 50 years, so we know what it takes to make a successful data breach compensation claim.

Crucially, the law recognises the potential damage that is caused by physiological suffering. So, you can make a compensation claim if you have struggled emotionally following a data breach, even if you have not experienced any financial loss.

START A DATA BREACH CLAIM

 

equifax group action
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Everything you need to know about making a Group Action Claim against Equifax

Why should you join a group action case against Equifax?

A group action allows people with the same type of claim to bring it together on a collective basis. Group action claims are becoming far more common in the UK. Here are just some of the reasons why:

  • Strength in numbers. Starting a claim can be frightening, and it’s not unusual for people who have perfectly valid complaints to be put off due to the risks of going up against a large and well-resourced Defendant. Where cases are very similar, group actions can be a powerful tool and can redress the balance
  • Save on legal costs. By joining together, individuals can share the risks and costs of claiming compensation. Legal advice is also shared, so not everyone in the action needs to pay for their own solicitor
  • Help victims with smaller claims. Group actions provide a way for people with more modest cases (that may not justify legal fees) to claim the compensation they deserve. Often, solicitors will agree to take such cases on a no-win no-fee basis
  • You might not have to go to court. Usually, a Test Case is started, and common issues are tried. The result of this case is then used as a precedent for other cases in the action; so every single claim doesn’t have to be taken to court.

However, just because a case is part of a group action, this doesn’t mean that everyone will get the same amount of compensation if successful. All claims within a group action are still settled based on their merits, and victims will receive what they are owed.

We believe that a group action is the best way to seek compensation from Equifax.

Find out more about group actions.

How much does it cost to join the Equifax group action?

At Hayes Connor Solicitors, we are dealing with all Equifax data breach claims on a no-win, no-fee basis. This means that, if your claim is not successful, you won’t have to pay a penny.

What’s more, if your claim is successful we expect to be paid by the offending party (Equifax). So, as well as providing no-win, no-fee funding arrangements, we won’t charge you a “success fee”. This means, if you are awarded £1,500, you’ll get all of the compensation. There are no solicitor’s fees win or lose.

There are also no hidden charges or other administration fees.

How much compensation can you expect following the Equifax data breach?

We cannot say that you will definitely get compensation, but a group action helps to strengthen your chances. We believe Equifax has breached people’s data and needs to be held responsible by compensating for any losses, distress and inconvenience caused.

While each case is different, it is expected that each person will be able to claim between £1,000 and £2,500 (possibly even more for people who have had their financial data stolen).

What should you do now?

To become part of the Equifax group action, you will need to register with Hayes Connor Solicitors. Doing this guarantees that you will form part of the compensation claims that will be lodged by the firm. We will keep your details (securely of course!) and help you get the compensation you deserve.

Once you have registered with us, it’s important to keep a ‘diary’ or note of events since the hack. This will help us with your case.

For example:

  • Has your card been used without permission?
  • Are there transactions that you bank has picked up that you haven’t made?
  • Are you getting more ‘spam’ or junk email with your name on it? If so, create a folder and keep it as this may be relevant
  • Are you anxious or worried by the thought of people being able to access your data? Has this caused you any distress?

We have already received an influx of queries from people whose data was put at risk by the credit reference agency. If you were affected, you could be entitled to up to several thousand pounds, so it’s important to act now.

Register your details here.

Equifax data hack
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How much compensation could you receive following the Equifax data hack?

The investigation by the Financial Conduct Authority (FCA) into Equifax data hack is now drawing to a close. And, our data breach compensation solicitors are predicting that the regulator may well impose a financial penalty of millions of pounds.

So, if you think your data was put at risk because of the Equifax data breach, now is the time to start preparing your claim for compensation. But how much could you receive?

Well, while each case is different, it is expected that each person will be able to claim between £500 and £3,000.

 

Data stolen Likely compensation pay-out
Financial data £3,000
Email addresses £1,500
Other personal data £500 – £1,000

 

With 14 million customers affected in the UK alone, in addition to any fines imposed by the regulator, Equifax could find itself facing a compensation bill of millions of pounds. And that’s just this side of the Atlantic. The figures in the US could be even more staggering.

If Equifax is already being fined by the FCA, why do you still need to claim compensation?

The Equifax data breach compromised the personal information of 14 million customers, with 30,000 people having their email addresses stolen and 15,000 having their credit card details put at risk. The potential consequences of the breach include financial fraud, identify fraud, cyber-extortion and online harassment.

However, any fine given by the FCA will not go towards victims of the data breach. So, anyone who has suffered following the Equifax cyber-attack should be looking to claim compensation.

At Hayes Connor Solicitors our data breach compensation solicitors are ready to help victims of the Equifax data hack to claim compensation and get the payment they deserve. You can claim if you have lost out financially because of the hack, or if the data breach has caused you stress or anxiety (in a way that could be diagnosed by a psychologist).

To help you get the justice you deserve, we are launching a group action against Equifax. This strengthens your overall position and increases your chances of settlement or success at Court. What’s more, we are also providing no-win, no-fee funding arrangements in this case, and, if successful, we won’t charge a “success fee”. This means, if you are awarded £1,500, you will get all of the compensation. There are no solicitor’s fees win or lose.

To become part of the Equifax group action, you will need to register with Hayes Connor Solicitors. Doing this guarantees that you will form part of the compensation claims that will be lodged by the firm.

If you have been affected and want to join the group action, you can register your details here.

 

data breach solicitors
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How do you make a compensation claim against Equifax?

Industry experts are predicting that the Financial Conduct Authority’s (FCA) investigation into the Equifax data breach is now coming to an end. If the FCA finds Equifax guilty of not looking after consumer data with the necessary levels of care, this could open the floodgates to millions of compensation claims being made against Equifax.

So, what should you do if you think your data has been compromised because of the Equifax data hack? How do you make a claim against Equifax?

  1. If you are in any way concerned, contact the data breach compensation solicitors at Hayes Connor Solicitors and let us know. You can register your details here
  1. We will check if you have had your data breached (if the company has not written to you and admitted as much already)
  2. Once we have established that your data has been violated – and the extent of this failing – we can start the claims procedure on your behalf. Of course, we’ll only do this with your explicit agreement!
  3. Once you have registered with our data breach compensation solicitors, it’s important to keep a ‘diary’ or note of events since the hack. This will help us with your case. This includes things like whether your card been used without permission, if there are transactions that your bank has picked up that you haven’t made and if you are getting more ‘spam’ or junk email with your name on it
  4. You should also keep a note if you are anxious or worried by the thought of people being able to access your data
  5. When the results of the FCA investigation are revealed, we will make sure you are part of our group action against Equifax. With this group action claim, you and the other claimants collectively bring your cases to court against Equifax. Where circumstances are very similar, group actions can be a powerful tool and can have a bigger impact than a single claim.

 

Read our FAQ’s to find out more and to add your details to our secure database. Our expert, friendly data breach compensation solicitors will advise you when you have a valid claim and will be pleased to answer any questions you might have.

We have already received an influx of queries from people whose data was put at risk by the credit reference agency. If you were affected, you could be entitled to up to several thousand pounds, so it’s important to act now.

 

REGISTER NOW

equifax data hack compensation
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Equifax data hack fine imminent

The Financial Conduct Authority’s (FCA) investigation into the Equifax data hack is expected to result in a financial penalty of millions of pounds. In response, our data breach solicitors are ready to launch a huge group action against Equifax.

The FCA investigation

The FCA revealed that it was investigating the Equifax data breach in October last year. While the FCA does not typically disclose whether it is looking into a company, it said it had chosen to confirm the existence of an investigation given the “public interest” in the case.

The Equifax data breach compromised the personal information of 14 million customers, with 30,000 people having their email addresses stolen and 15,000 having their credit card details put at risk. The potential consequences of the breach include financial fraud, identify fraud, cyber-extortion and online harassment.

While the Information Commissioner’s Office (ICO) is also investigating the breach, the news about the FCAs involvement was significant for consumers because the FCA has considerably more powers than the ICO. This means that the matter is being treated very seriously.

Given the significance of this case, and the number of people involved, our data breach solicitors predict that the regulator may well impose financial penalties running into the millions of pounds.

However, while a fine would be an essential step in ensuring big businesses like Equifax do more to uphold their obligations and keep people safe, it does very little to help those already affected by the breach. As such, anyone who has suffered following the Equifax cyber-attack should be looking to claim compensation.

In fact, if the FCA does rule against Equifax, this could help customers to get compensation through civil litigation.

At Hayes Connor Solicitors, our data breach solicitors are ready to help victims of the Equifax data hack to claim compensation and get the payment they deserve. In fact, over the last few months, our data breach and cybercrime experts have witnessed an influx of queries from people who are concerned that their data may be at risk.

Crucially, it doesn’t matter if you haven’t lost out financially as a result of the Equifax hack. Being the victim of a crime can have a significant impact on you mentally and physically. So, if the data breach has caused you stress or anxiety – in a way that could be diagnosed by a psychologist – then the law agrees that you are entitled to compensation.

To help our clients get the justice they deserve, we are launching a group action against Equifax. This allows people with the same type of claim to bring it together on a collective basis. Doing this strengthens their overall position and increases their chances of settlement or success at Court. What’s more, we are also providing no-win, no-fee funding arrangements in this case, and, if successful, we won’t charge a “success fee”. This means, if you are awarded £1,500, you will get all of the compensation. There are no solicitor’s fees win or lose.

Let our data breach solicitors help you

To become part of the Equifax group action, you will need to register with Hayes Connor Solicitors. Doing this guarantees that you will form part of the compensation claims that will be lodged by the firm. While each case is different, it is expected that each person will be able to claim between £500 and £3,000.

 

If you have been affected and want to join the group action, you can register your details here.

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Equifax data breach is even worse than first thought

In September last year, it was revealed that up to 400,000 people in the UK might have had their personal details stolen when Equifax was hacked by cybercriminals.

Equifax is the second largest credit reference agency in the UK and is used by a wide range of companies to decide whether to issue mortgages, loans, store cards, credit cards, etc. So, even if you are not an Equifax customer, it could still hold a wealth of information about you. That’s why, when it was revealed that hackers had gained access to the private details of Equifax customers (both here and in the US), it was big news.

At the time, it was reported that the stolen data included names, address, dates of birth, and credit card numbers. However, last month it became apparent that the sheer scale of the Equifax breach had gone from bad to worse, with more information stolen than initially reported. In fact, 3,200 passport images were also taken by cybercriminals, despite initial denials from the company.

How can cybercriminals use your private data?  

Along with the original info stolen, our images are considered to be personally identifiable information (PII). PII includes any data that can be used to identify a specific individual, and, if it gets into the wrong hands, it can be used to undertake identity fraud.  For example, with enough information, cybercriminals can apply for credit in your name, set up fraudulent bank accounts and access your existing accounts.

Signs that criminals have used your data following a data breach include:

  • Bills or emails showing goods or services you haven’t ordered
  • Unfamiliar transactions from your account
  • An unexpected dip in your credit score
  • Unsolicited communications that ask for your personal data or refer you to a web page asking for personal data.

Crucially, it doesn’t matter if you haven’t lost out financially as a result of the hack. A personal data breach is a 21st-century version of being burgled and being the victim of a crime can have a significant impact on you mentally and physically. So, if the data breach has caused you stress or anxiety (in a way that could be diagnosed by a psychologist), then the law agrees that you are entitled to compensation.

Holding Equifax to account

While Equifax was the victim of a cyber-attack, it was responsible for protecting your personal information. So, if you have suffered damage or distress caused by this hack, you have a right to claim compensation.

The stolen passport images relate to those individuals already impacted by the breach, so, if you have previously received a letter from Equifax informing you that your data was put at risk, it is vital that you now make a compensation claim and hold them to account.

To make matters worse, not only did Equifax fail to come clean straight away about the scale of the breach, but a former Equifax executive also sold his shares in the company before the news of the hack went public. Earning roughly $1 million in the process, the executive was set to profit at the expense of millions of customers. He has since been charged with insider trading, but his actions reflect a disdain for consumer data protection that is all too common.

With data breaches on the rise, something has to be done to make big companies accountable for these losses, so claiming compensation isn’t just in your best interests, it could be the only way to ensure that businesses everywhere implement more secure processes.

What should you do now?

In the UK, investigations into the Equifax data breach are still ongoing, and, we’ve been contacted by hundreds of people worried that their personal data was not looked after as carefully as it should have been.

In response, at Hayes Connor, we are preparing a group litigation action for everyone who has had their data accessed in the Equifax data breach. To become part of this group action, we need you to register with us. This guarantees that you will form part of the compensation claims that will be lodged by us.

While each case is different, we expect to claim £1,000 to £2,500 per person. And, as well as providing no-win, no-fee funding arrangements, we won’t charge you a “success fee”. This means, if you are awarded £1,500, you’ll get all of the compensation. So there are no solicitor’s fees whether you win or lose.

If you have been affected and want to join our group action, register your details here.

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What is a group action claim?

In 2015 – in the first group litigation of its kind in the UK – 5,518 people brought a claim against Morrisons under the Data Protection Act 1988, for misuse of private information and breach of confidence. But what is a group action claim and can you join one?

A group action claim is where a group of people – sometimes even thousands of people – have been affected by the same issue. Group action cases are also sometimes called class actions, collective redress actions, or multi-party actions. With a group action, this group of people (the Claimants) collectively bring their cases to court against a Defendant. These victims then fight together to achieve compensation in the High Court of Justice.

The benefits of group action claims

Group action claims are becoming far more common in the UK. Here are just some of the reasons why:

  • Strength in numbers. Starting a claim can be frightening, and it’s not unusual for people who have perfectly valid complaints to be put off due to the risks of going up against a large and well-resourced Defendant. Where cases are very similar, group actions can be a powerful tool and can redress the balance.
  • Save on legal costs. By joining together, individuals can share the risks and costs of claiming compensation. Legal advice is also shared, so not everyone in the action needs to pay for their own solicitor.
  • Help victims with smaller claims. Group actions provide a way for people with more modest cases (that may not justify legal fees) to claim the compensation they deserve. Often, solicitors will agree to take such cases on a no-win no-fee basis.
  • You might not have to go to court. Usually, a Lead Test Case is started, and common issues are tried. The result of this case is then used as a precedent for other cases in the action; so every single claim doesn’t have to be taken to court.

 

Who can make a data protection group action claim?

In data breach cases, the Information Commissioner’s Office (ICO) investigates any reported breaches and has the power to impose hefty fines. If the ICO believes that an organisation broke the law, this information can be used in court to support a group action claim.

If you have suffered damage or distress caused by an organisation breaching any part of the Data Protection Act, and the ICO finds that the organisation did indeed break the law, you have a right to claim compensation. However, in many cases, where a breach occurs, you won’t be the only person making a claim. In such circumstances, it is often worth joining a group action claim.

However, before you can join a group action, the court decides whether claims can be grouped together. Where approved, a group litigation order (GLO) is created which grants permission for group action proceedings to begin.

In many cases, people start to think about joining a group action before the court has issued a GLO, or even before an organisation has been found guilty and fined by the ICO. For example, at Hayes Connor Solicitors, having witnessed an influx of queries from clients who have received letters from Equifax informing them that their data may be at risk following the latest hack, we are currently building a secure database of victims who want to seek compensation for damages or distress suffered. If Equifax is fined, we will let people know when their claim for compensation can be made and help them get the compensation they deserve.

 

Does everyone in a group action claim get the same amount of compensation?

No. Just because your case is part of a group action doesn’t mean that you will receive the same amount of compensation as everyone else.

All claims within a group action are settled based on their merits, and, as with any case, the value of your claim depends on the extent of your suffering. So if your claim is successful, you will receive what you are owed.

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