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What to do after a data breach notice

Got a data breach letter? Freeze your credit (free), enroll in any offered monitoring, change passwords, save the notice, and watch for a settlement. Full checklist.

By the Best Class Actions research deskUpdated 7 min readChecked against court records
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After a data breach notice, do four things right away: confirm the letter is real, figure out exactly what information was exposed, lock down your accounts (freeze your credit if your Social Security number was involved, change passwords if logins were), and save the notice. Then watch your accounts and credit reports, and keep an eye out for a class action settlement, which is how most breach victims eventually get paid.

This guide is a step-by-step checklist, plus what a lawsuit or settlement can realistically do for you.

Key takeaways.

  • Read the letter closely: what data was exposed decides what you need to do. A leaked Social Security number calls for a credit freeze; a leaked password calls for new passwords.
  • A credit freeze is free, lasts until you lift it, and must be placed separately at Equifax, Experian, and TransUnion.
  • Keep the notice. It is the best proof that you belong in a later data breach settlement class.
  • Accepting free credit monitoring from the company usually does not waive your right to join a class action, but read any terms before signing anything.
  • Data breaches are common: the Identity Theft Resource Center tracked a record 3,322 data compromises in 2025.

First, make sure the notice is real

Breach letters are required by law, and scammers imitate them. All 50 states, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands have laws requiring private businesses to notify people when a security breach involves their personal information, according to the National Conference of State Legislatures. That means real notices are common, and so are fakes.

Signs a notice is legitimate:

  • It names the company, describes the incident, and gives dates.
  • It lists the specific types of data involved.
  • It offers a phone number or website you can verify independently, for example on the company's own site or a state attorney general's breach list.
  • It does not ask you to pay, to give your full Social Security number, or to click a link to "verify" your identity.

If you are unsure, do not call the number in the letter. Look up the company's official contact information yourself. See class action settlement scams for more red flags.

Match your next steps to the data exposed

Data exposedWhat to do
Social Security numberFreeze credit at all three bureaus; get an IRS IP PIN
Bank or card numberCall the bank, request a new card, watch statements
Username and passwordChange it everywhere you reused it; turn on two-factor login
Medical or insurance dataReview explanation of benefits statements for services you did not get
Driver's licenseContact your state motor vehicle agency about fraud steps
Email and phone onlyExpect more phishing messages

An IRS Identity Protection PIN is a six-digit number that prevents anyone else from filing a tax return using your Social Security number, and anyone who can verify their identity can request one from the IRS as a preventive step.

If your email or phone number was exposed, be extra careful with messages that mention the breach. Scammers use real breach news to make their messages convincing.

Freeze your credit or place a fraud alert

If your Social Security number, date of birth, or other identity information was exposed, a credit freeze is the single most effective step. According to the FTC, a credit freeze is free, lasts until you lift it, and must be requested separately from Equifax, Experian, and TransUnion. While it is in place, lenders generally cannot pull your credit to open a new account, which blocks most new-account fraud. You can lift it temporarily when you apply for credit.

A fraud alert is a lighter option. An initial fraud alert is also free and lasts one year, and you only need to contact one of the three bureaus, which must notify the other two. It tells lenders to verify your identity before opening credit, but it does not stop them from seeing your report. People who have already been victims of identity theft can get an extended fraud alert.

Also check your credit reports for accounts you do not recognize. If you find errors, see how to dispute a credit report error, and if identity theft has already happened, report it at IdentityTheft.gov to get a recovery plan.

Document everything for a future claim

Most breach victims who get paid do so through a class action settlement, and settlements pay more to people who can show losses. Start a simple file now:

  1. The notice itself, including the envelope or email. It often includes a notice ID that settlement websites ask for.
  2. Time you spend responding: freezing credit, calling banks, changing passwords. Some settlements reimburse lost time, and a written log is the easiest way to support that claim.
  3. Out-of-pocket costs: credit monitoring you paid for, postage, bank fees, and fraud losses, with receipts.
  4. Fraud evidence: alerts, police or FTC reports, and letters from creditors.

Data breach settlements commonly pay a flat cash amount to anyone in the class and a higher, documented-loss payment that can reach thousands of dollars for people with proof, such as the Highlands Oncology settlement, which offers up to $4,250 per person. See how much a data breach settlement is worth for real figures.

Will there be a lawsuit or settlement?

Often, yes, and fast. Large breaches regularly draw class action lawsuits within days of the notice going out. The Identity Theft Resource Center reported a record 3,322 data compromises in 2025, and many of them produced lawsuits. These suits usually allege the company failed to use reasonable security. Those are allegations until a court rules or the company settles, and companies typically deny wrongdoing when they settle.

Data breach settlements open for claims as of September 2026 include:

You file only on the official settlement website named in the notice. See the full list of open settlements and our data breach lawsuit page for cases still being investigated.

When to talk to a lawyer

For most people with no fraud losses, filing a claim in the eventual settlement is enough. It makes more sense to get individual advice if:

  • Someone opened accounts, filed a tax return, or took out loans in your name after the breach.
  • You lost significant money, or your credit damage cost you a loan, apartment, or job.
  • Highly sensitive data, such as medical records or information about your children, was exposed.
  • You live in a state with strong privacy laws. For example, California's Consumer Privacy Act allows $100 to $750 per consumer per incident when a business's failure to maintain reasonable security exposes nonencrypted personal information. See California class action settlements.

If you want to keep the right to sue on your own, you must opt out of any settlement by its deadline. If you think a breach caused you real losses, a free case review takes about two minutes.

Free case review

Find out if you have a claim.

Answer two questions and leave your contact details. If your situation fits, an independent attorney who handles these cases will follow up. Free, and you are never obligated to hire anyone.

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Common questions.

What should I do if I get a data breach notice?

Confirm the notice is real, check what data was exposed, and act on it: freeze your credit if your Social Security number was involved, change passwords if logins were exposed, and call your bank about card numbers. Save the notice, since you may need it to claim in a future settlement.

Should I freeze my credit after a data breach?

Yes, if your Social Security number or other identity details were exposed. A credit freeze is free, lasts until you lift it, and must be placed with each of the three credit bureaus.

Can I sue after receiving a data breach letter?

You may be able to, especially if you suffered fraud or financial losses. Most people join a class action or file a claim in a settlement, which usually pays a flat amount plus reimbursement for documented losses.

Does accepting free credit monitoring waive my right to sue?

Generally no. Enrolling in monitoring offered after a breach usually does not release your claims, but read the terms before signing anything, and do not sign a document that says it releases claims unless you understand it.

How do I know if a data breach letter is legitimate?

A real notice names the company, describes the incident and dates, lists the data involved, and does not ask for payment or your full Social Security number. Verify the phone number or website through the company's official site before responding.

How much money do you get from a data breach settlement?

It varies widely. Many settlements pay a flat cash amount to all claimants plus reimbursement of documented losses up to a cap, which can reach several thousand dollars, as with the Highlands Oncology settlement's cap of $4,250 per person.

Sources.

Statutes, court rules, appellate opinions, and bar publications we relied on. See our editorial standards.

  1. 1.NCSL: Security breach notification laws
  2. 2.FTC: What to know about credit freezes and fraud alerts
  3. 3.IRS: Get an identity protection PIN
  4. 4.Identity Theft Resource Center 2025 Annual Data Breach Report (PR Newswire, January 29, 2026)
  5. 5.ABC Legal data settlement (official website)
  6. 6.Highlands Oncology settlement (official website)
  7. 7.Equinox settlement (official website)
  8. 8.California Civil Code 1798.150 (California Legislative Information)

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