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A guide to making a Group Action claim 

Find out more about making a group action claim
with Keller Lenkner UK – Expert Data Breach Lawyers.

Should you become the victim of a data breach, you might not be the only person affected. It might be worth joining a data breach group action in such cases.  In this guide, we explain more about group actions, and what happens when you join one. 

Making a Group Action Data Breach Claim

If an organisation fails to protect your personal data as it is legally required to do, you have a right to claim compensation. However, where the privacy violation affects multiple people, you won’t be the only person making a claim. In such circumstances, it is often worth joining a data breach group action.

In this quick guide, you’ll find out:

What is a group action data breach claim? 

A group action claim arises when people – sometimes even thousands or millions of people – have been affected by the same data breach. A group action can be initiated even if the victims of the offence have experienced different levels of harm (e.g. if some people had their email addresses stolen, while others had their credit card details compromised).

Group action cases are sometimes called class actions, collective redress actions, multi-claimant or multi-party actions.

With a group action, the people affected by the breach (the claimants) collectively seek compensation from the defendant – either through settlement or an award in the High Court of Justice.

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What is a representative action?

A representative action is a type of group action. Representative actions are launched when a group of people are affected by the same issue and have experienced the same level of harm.

Representative actions tend to be used in straightforward mass data privacy scenarios. For example, where customers of a company have all had their email addresses stolen.

In representative actions, one solicitor will represent all clients. A judge will decide who this solicitor is. Because of our unique experience in data breach group actions, we expect that Keller Lenkner UK’s data breach solicitors will be appointed as the representative in many future actions.

In representative actions, one member of the action will typically sue on behalf of themselves and the rest of the group.

The benefits of group actions

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

Who can make a group action claim?

Anyone who has suffered damage, distress, or a loss of privacy caused by an organisation breaching any part of the Data Protection Act can join a group action claim. At Keller Lenkner UK, our data breach solicitors regularly launch group actions to take on corporate giants and large organisations who have failed to meet their data protection responsibilities.

The process for making a data breach group action claim

Inform the ICO
You have the right to ask the ICO* to assess an organisation if you think it is guilty of a data protection breach. You can then use any evidence the ICO uncovers to support a data breach compensation claim.
Contact Keller Lenkner UK
At Keller Lenkner UK, our initial consultation is always free. We’ll talk through what’s happened to you, advise you on whether you have a winnable case, and go through your options without charging you a penny.
We’ll start the claims process
Once we have established that your data has been breached, the extent of the breach, and whether other people have also been affected, we’ll confirm if we can take on your case on a no-win, no-fee basis. We’ll then investigate your case, gather together the relevant paperwork and evidence, and make sure all the necessary court forms are filled in on time.
We will try to reach a settlement
Before taking your claim to court, the judge will want to know what steps you have taken to settle the claim. So, we’ll write to the offending company offering a settlement.
We will progress to court
If the other party does not agree to our terms, and we fail to reach an agreement, we will write to tell them that we intend to take the matter to court. In many cases, especially where the ICO has already fined the company, this threat is taken seriously. So there is usually a willingness to pay a reduced amount rather than face larger costs and bad publicity.

What does a group action cost?

At Keller Lenkner UK, our data breach solicitors believe that data privacy rights should be protected. And that everyone should be able to claim if they have been let down. Cost should not be a barrier to justice. That’s why we offer no-win, no-fee agreements to help our clients.

No-win, no-fee means that, if your claim is not successful, you won’t have to pay a penny towards your case. There are no hidden charges or other administration fees. Before appointing any data breach solicitor, you must ask how much you will pay if you don’t win your case.

If your claim is successful, you usually have to contribute towards your solicitor’s costs. This is called a ‘success fee’. It is taken from the compensation awarded to you, and it can be much higher than you expected.

At Keller Lenkner UK, our fees are reasonable and we always explain what you will have to pay if you win up-front. There are no hidden charges or other administration fees. We always make sure you are fully informed about any potential costs before we proceed.

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.

What can you claim for?

 

While each case is judged on its own merits, there are some things we would typically look for when it comes to when claiming compensation following a data breach or cybercrime:

Financial losses

With stolen data, cybercriminals can make purchases using your bank and credit cards, apply for credit in your name, set up fraudulent bank accounts and access your existing online accounts

Distress

Cybercrime can have a significant impact on you, both mentally and physically. It can cause or exacerbate anxiety, stress and other psychological conditions.

Loss of privacy

Your data has value, and organisations must be held to account if they fail to protect your right to data privacy.
 

Because we understand that the full impact of a data breach is often not felt until months after the initial violation, we take a long-term view when it comes to claiming compensation on your behalf.

There are no guidelines about how much compensation you can be awarded for a claim under the Data Protection Act. If you do go to court, it is up to the judge to consider all the circumstances, including the seriousness of the breach and the impact on you.

There is strength in our numbers

Keller Lenkner UK Limited is a formidable multi-claimant law firm. Combining technical expertise with experience in handling large volume cases, we represent our clients with passion, experience and diligence.

Having opened a new data breach division in 2020, Keller Lenkner UK has also gained an enviable reputation in data breach law. And, with a team of data protection experts led by Kingsley Hayes – arguably the UK’s foremost data breach solicitor – and considerable multi-claimant expertise, it’s easy to see why.

We have offices in London, Birmingham and Liverpool, and the technology to provide a nationwide service.

The Keller Lenkner name is synonymous with negotiating power. This is advantageous when it comes to taking on big players and complicated group actions.

Other firms might claim to be data protection experts, but it takes more than an understanding of the law to succeed. At Keller Lenkner UK, our team of data breach lawyers has the passion, skill, persistence and resources to fight your corner and win.

FAQs about group actions

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 known as class actions, multi-claimant or multi-party actions.

A group action allows people with the same type of claim to bring it together on a collective basis to strengthen their overall position and make a big organisation take the matter seriously. This increases their chances of settlement or success in litigation.

Just because your case is part of a group action doesn’t mean that everyone will receive the same amount of compensation if successful. All claims are settled based on their merits, and you will receive what you are owed.

Yes you can, although you should check the terms of your retainer with your current solicitor first to check you would not have to pay any fees to them if you leave them.  If you are part of a group action with another firm and you would like to know more about switching to Keller Lenkner UK, contact us today.

 

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FIND OUT MORE ABOUT MAKING
A GROUP ACTION DATA BREACH CLAIM.

Contact us today for a free initial assessment of your case. Our expert, friendly team will advise you on whether you have a valid claim and will be pleased to answer any questions you might have.