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Are you a Data Breach Victim? ID Theft Victim? Both??  -- When to Call the Cavalry.

Happy Anniversary South Carolina Taxpayer! October 10, 2022 marked 10 years since the South Carolina Department of Revenue was hacked by cybercriminals, who made off with 3.6 million social security numbers and at least 387,000 credit and debit card numbers. There's a (REALLY) good chance that at least your social security number, at the very least, was taken, since 3.6 million was about 3/4's of South Carolina's population in 2012. Congratulations, data breach victim!

Since 2010, you've no doubt gotten other letters from other companies that notified you (again) of a breach. And there have been some whoppers! Equifax, Experian, Target, and Sony, to name a few.

But what does it really mean to be a data breach victim? And what's the difference between that and being an Identity Theft victim? And most important, when should you call in a lawyer?

First things first, let's define our terms. A Data Breach is when someone unauthorized gains access to sensitive information, such as social security numbers, credit card numbers, and personal details like names and addresses. It often happens due to cyber attacks or hacking, but can also occur through employee negligence or theft of physical documents containing sensitive information. Data breach makes it much more likely that you'll become an identity theft victim, because the stolen information is sold and traded all over the place (including on the infamous Dark Web).

Identity Theft occurs when someone actually uses your stolen personal information for their own financial gain, opening new accounts in your name and using them without your knowledge or permission. It's a type of fraud that can lead to serious problems for the victim, from ruined credit scores to criminal charges being brought against them for crimes they didn't commit.

So what do you do if you learn that you're a victim of either a data breach or identity theft? First, monitor your account activity and credit reports for any suspicious activity (you can check your credit reports for free at annualcreditreport.com). You can also -- and every South Carolinian should -- visit the "Big 3" credit reporting agencies' websites (Experian, Trans Union and Equifax) to put a security freeze on your credit file, which will go a long way to stop new credit from being issued.

If someone is using your information for fraudulent purposes, immediately contact the authorities and file a report with the Federal Trade Commission at www.identitytheft.gov. Also make a police report.

If the fraudulent accounts have hit your credit report dispute them immediately - in writing -- to the credit reporting agencies. Never use their online portals or phone -- always dispute with a letter and send the police report of your FTC Fraud Affidavit. (You can find sample dispute letters here.)

When should you bring in a lawyer?

It’s time to find an ID theft lawyer near you if you've taken the above steps, and any bank, creditor or credit reporting agency is not removing false information from your report. It's fine to give such companies a chance to fix an error on a credit report or your bank statement. But that means "a" chance. As in one.

Because the law is clear -- you have no liability for any unauthorized charge made on a debit or credit account, and no responsibility to pay any account opened fraudulently in your name -- no matter how late or how large those charges get.

So, if you find yourself a data breach victim -- or worse -- a full blown identity theft victim, don't wait. Take the above steps immediately.

And if that doesn't work, we're always here for you. We are the ID theft lawyer near you. Meanwhile....

Happy(?) Anniversary... (may we not have many more).