When Is A Credit Card Data Breach Claim Possible?

Has your credit card information been compromised in a credit card data breach? If so, you may be wondering if you could be eligible to claim data breach compensation

credit card data breach

Credit card data breach claims guide

You might be wondering, “what is a data breach?”. Or you may have other questions such as: 

  • How do I report a data breach?
  • Who can claim compensation for a personal data breach?
  • How do I claim compensation following a data breach?

This guide will answer all of those questions as well as look at the specific examples of the stolen data you can claim for. As well as No Win No Fee data breach solicitors and how they can help you with your claim. 

However, if you would like to speak to one of our advisors, you can do so. They are available to offer free legal advice 24/7. To get in touch: 

  • Call 0800 408 7827 
  • Request a call back by filling out our online contact form
  • Use the live chat in the bottom right of the screen

Choose A Section

  1. Definition of a Data Breach
  2. Examples of a Credit Card Data Breach
  3. What Could I Do After A Credit Card Data Breach?
  4. Potential Compensation Payouts From A Data Breach Claim
  5. Why Use No Win No Fee Data Breach Solicitors?
  6. Learn More About Claiming For A Credit Card Data Breach

Definition of a Data Breach

The Information Commissioner’s Office (ICO) defends information rights for UK residents by enforcing data protection legislation. Therefore, if an organisation does not comply with data protection law, it could be penalised by the ICO. 

A personal data breach is a security incident that impacts the confidentiality, integrity or availability of a person’s personal data. Personal data is anything that can be used to identify you. Examples of this would be your name, address, medical records, or bank details.

However, not every personal data breach may lead to a data breach claim. For example, a company may have all of the necessary cybersecurity systems in place, but a cybercriminal may still be able to gain access to their files. In this case, you may not be able to claim.

As outlined by the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR), there must be some form of wrongful conduct by the data controller or processor. That also must have resulted in psychological or financial damage.

If you would like to find out more about what constitutes a data breach, do not hesitate to get in touch with a member of our team. 

Examples of a Credit Card Data Breach

There are many ways that personal data can be compromised which may then lead to a personal data breach claim. This can affect both physical and digital forms of data.

Here are some examples of how wrongful conduct on the part of an organisation can result in a personal data breach:

  • Your bank details may be sent to the wrong email address leading to your personal data being stolen. This could lead to criminals taking out several loans in your name, which leaves you in debt and arrears
  • Your financial information may be disclosed over the phone without the employee performing the necessary security checks, such as asking a security question or requesting a PIN. As a result, money may be stolen from your account. 
  • The organisation may fail to secure physical files that contain your credit card details properly, which could result in files being lost or stolen.

If you would like to find out about the physical or psychological injury claims you could make if you have been subject to a data breach like the examples above, get in touch with one of our advisors. 

 What Could I Do After A Credit Card Data Breach?

If an organisation becomes aware of a breach that could compromise your freedoms or rights, it must inform you without undue delay. It must also inform the ICO within 72 hours of the breach. However, if you suspect a breach but have not received notification, there are some steps you can take. They include: 

  • Contact the organisation directly, and request more information. For example, you may ask what information was involved or how it occurred. 
  • If you do not receive a satisfactory response within 3 months, you could complain to the ICO. They may investigate the breach.
  • You can also gather evidence to help strengthen your claim. This could be bank statements or medical records that prove you have suffered harm or correspondence with the ICO.

Or advisors can offer free legal advice 24/7. They may connect you with a solicitor from our panel who could help you seek data breach compensation

Potential Compensation Payouts From A Data Breach Claim

A credit card data breach settlement may comprise two heads of claim. These are called material damage and non-material damage.

Non-material damage seeks to compensate you for the psychological harm endure due to the breach. For example, a personal data breach could lead to intense stress, anxiety, and depression.

The compensation calculator table below showcases data breach compensation examples using figures from the Judicial College Guidelines (JCG). The JCG is a document that legal professionals use to help them value personal injury and personal data breach claims.

Despite these figures being taken from previous data protection breach settlements, they should only be used as guidance. This is because each data breach claim is unique, and the compensation you might receive could be different. 

Injury SeverityCompensation BracketDetails
Psychological damage (generally) Severe£54,830 to £115,730Inability to cope with life as a result unsuccessful treatment resulting in a very poor prognosis.
Psychological damage (generally) Moderately Severe£19,070 to £54,830Significant problems coping with everyday activities such as education or work with potential for future vulnerability.
Psychological damage (generally) Moderate£5,860 to £19,070There has been considerable improvement in symptoms by trial, and the prognosis will be positive.
Psychological damage (generally) Less Severe£1,540 to £5,860Compensation will be judged by the timescale of disability and the severity to which daily activities and sleep were impacted.
Anxiety disorderSevere£59,860 to £100,670Severe, permanent issues coping with day-to-day life and a very poor prognosis.
Anxiety disorderModerately Severe£23,150 to £59,860A more positive prognosis reflects the chance of some recovery through professional help.
Anxiety disorderModerate£8,180 to £23,150Continuing symptoms will be non-disabling, signalling a large recovery.
Anxiety disorderLess Severe£3,950 to £8,180A near-full recovery has been made within 1-2 years, with only minor continuing symptoms.

Credit Card Data Breach Claim – Other Potential Damages

Additionally, your compensation may include material damage. This is particularly relevant with credit card data breach claims because this head of claim looks to reimburse you for any financial losses sustained due to the breach. For example, somebody gaining access to your credit card could lead to serious debt and also affect your credit score.

To find out if you are eligible to make a claim as well as how much data breach compensation your claim may be worth, get in touch with a member of our team. 

Why Use No Win No Fee Data Breach Solicitors?

Our panel of No Win No Fee solicitors can guide you through the claims process with a Conditional Fee Agreement (CFA), which generally means you don’t pay any ongoing fees or upfront costs to your solicitor. However, should your claim then go on to succeed, you will pay a success fee. This is a legally-capped percentage of your compensation that your solicitor will discuss with you beforehand.

However, if you make an unsuccessful claim, then you will not pay this fee. Contact our team of advisors today to find out more about how a solicitor from our experienced panel can help you make your credit card data breach claim.

Contact Us Today For a Free Consultation

One of our No Win No Fee data breach solicitors may use their vast experience to cover all bases of your claim and maximise your potential of being awarded data breach compensation

To get in touch with one of our advisors who could connect you with a solicitor from our panel, you can: 

  • Call 0800 408 7827 
  • Request a call back by filling out our online contact form
  • Use the live chat in the bottom right of the screen

Learn More About Claiming For A Credit Card Data Breach

Here we have included some further reading relative to data protection breaches:

Additionally, we have included some of our own guides that might help you when considering making a data breach claim: 

Thank you for reading our guide on what to do if you have been subject to a credit card data breach.

Writer Beck Pace

Publisher Cat Hunt