Monday

21

October 2024

Change Healthcare data breach lawsuit: How much compensation is available from a class action sign-up?

Written by , Posted in Consumer Law, Cybersecurity Law, Statutory Law

If you’ve received notification from Change Healthcare about their 2024 data breach, you might be wondering what steps to take next and how much compensation you could be eligible for. As well as how to sign up and join the class action lawsuit.

Compensation amounts up to $1,000 per claim are available. This is the latest information we are seeing in November 2024.

Also, there are three ways to join and pursue compensation from this large-scale cyber attack:

  1. Class Action Lawsuit: Traditional class action suits allow a group of individuals to sue a defendant collectively. Several notable law firms in the U.S. are pursuing this strategy which can address widespread harm efficiently, however individual payouts are often lower than expected.
  2. Mass Action Lawsuit: This strategy involves multiple plaintiffs filing individual lawsuits that are handled collectively by the same law firm. Mass action combines the efficiency of class actions with the personalized attention of individual cases, potentially leading to higher compensation.
  3. Individual Lawsuit: Filing a lawsuit on your own can be time-consuming and costly but allows for personalized representation.

Change Healthcare Data Breach Lawsuit Sign-Up

If you received an official letter or email notification from Change Healthcare about the data breach/cyber attack in 2024, you can join the mass action lawsuit by filling out this form.

The link above goes to the Change Healthcare lawsuit claim form on Mason LLP’s website where you can sign up securely. Mason LLP is leading the charge in mass action for data breach cases in the U.S. and is actively involved in the Change Healthcare / UnitedHealth breach. They have recovered over $1 billion for their clients in the past 30 years.

Why Mass Action May Result in a Larger Lawsuit Payout

We’ve seen mass action lawsuits becoming a powerful alternative to traditional class actions, particularly in cases involving cases like the one experienced in 2024 by Change Healthcare–one of the largest medical data breaches in history.. Here’s why mass action might be the optimal choice for you, the plaintiff:

Personalized Representation

Unlike class actions, where all plaintiffs are treated as a single entity, mass action allows each plaintiff’s unique circumstances to be considered. This means your specific damages—such as the extent of your data compromised or any financial losses you incurred (for example, losses due to identity theft, credit or insurance fraud, reputational damage from publicly disclosed medical information, among many others)—are individually assessed. CAC (The Class Action Community) has additional information on their resource page.

Higher Settlement Potential

Mass action lawsuits often result in more substantial settlements for individuals compared to class actions. Since each case is evaluated on its own merits, there’s a greater opportunity for higher compensation. I.e., based on the damages each individual suffered and its impact on their life and lifestyle.

Faster and More Efficient

While mass actions involve multiple individual cases, they benefit from collective efficiency. Law firms can streamline the process by utilizing similar evidence and legal arguments across cases, potentially leading to faster resolutions than individual lawsuits.

Q: What about the United Healthcare breach?

A: UnitedHealth Group owns Change Healthcare, and the 2024 hack may affect United Healthcare customers. If additional lawsuits arise, you can sign up for the United Healthcare class action suit as well with the help of the law firm handling your case.

Q: How do I join the class action lawsuit against Change Healthcare ?

A: You can join by filling out the Change Healthcare data breach lawsuit sign-up form provided here or at the end of this page.

How can I join the Change Healthcare lawsuit?

If you’re affected by the Change Healthcare data breach and want to pursue compensation, follow these steps to see if you qualify to sue this healthcare company:

  1. Confirm Your Eligibility:
    • Verify that you received an official letter or other notification from Change Healthcare about the data breach.
    • If unsure, contact them or navigate to their online information page.
  2. Gather Necessary Documentation:
    • Collect any communications from Change / United Healthcare regarding the breach.
    • Document any suspicious activity or identity theft incidents.
    • Keep records of time and money spent addressing the breach.
  3. Join the Class Action Action Lawsuit / Mass Action Lawsuit:
    • Complete the Change Healthcare lawsuit claim form provided by Mason LLP.
    • Provide accurate personal information, details of how you were affected, and any supporting documents.
  4. Consult with Your Legal Team:
    • Law firms experienced in data breach litigation such as Mason LLP can guide you through the process.
    • Firms handling this case operate on a contingency fee basis, meaning you pay nothing upfront and only pay if they win your case.
  5. Stay Informed:
    • Keep in regular contact with your legal team once you’ve sued and joined the class action suit / mass action suit.
    • Monitor updates regarding the lawsuit and any settlement offers from Change Healthcare.

How Much Compensation Might Be Available?

While exact amounts can’t be predicted for everyone who signs up and joins the lawsuit, compensation in data breach cases may include:

  • Reimbursement: For out-of-pocket expenses related to the breach.
  • Damages for Time Spent: Compensation for time addressing the breach’s consequences.
  • Credit Monitoring Services: Provision of services to protect against future identity theft.
  • Emotional Distress: In some cases, damages for stress or anxiety caused by the breach.

The important thing to keep in mind is that mass action lawsuits can yield higher individual settlements compared to class actions, where payouts might be minimal ($5-20 per plaintiff is something we’ve seen over and over again with typical class actions). With mass action, some experts are predicting up to $1,000 in settlements per claim for this data breach case!

Join the Change Healthcare Lawsuit and Claim Compensation

If you’ve been affected by the 2024 data hack/breach, you may be entitled to join and claim compensation for the exposure of your personal information, private data and HIPPA-protected medical records and any resulting damages arising from the breach. 

If you received a letter or email notification from Change Healthcare or United Healthcare about the data breach and want to sign up online, you can join the mass action lawsuit by filling out this claim form.

change-healthcare-united-logo-large-white-banner

Tuesday

27

August 2024

RealPage lawsuit: Can tenants recover 15-21% of their rent since 2016 if they join and sue?

Written by , Posted in Administrative Law, Antitrust Law, Consumer Law, Contract Law

Answer: Maybe. Based on the claims made by Mason LLP, a law firm known for its experience in mass arbitration and class action lawsuits, current and past tenants who sign up and join the price-fixing antitrust lawsuit against RealPage (see below for how to sue RealPage) and their property management company may potentially recover between 15-21% of their apartment rent paid since 2016 in a settlement.

Realpage settlement quick details: Mass arbitration firms such as Mason LLP base their settlement estimates on the alleged 5-7% overcharge implemented by multifamily landlords throughout the U.S. since 2016, based off of RealPage’s YieldStar software product, combined with the Sherman Anti-Trust Act’s provision for treble damages. This suggests that for an average renter, this could amount to a recovery of around $5,184 in compensation before the deduction of legal fees and costs.

RealPage lawsuit 2024 – how to join:

If you have lived in a property managed by one of the defendants or another company using RealPage’s revenue management software, you can join the lawsuit by filling out this form.


Lawsuit Update – August 2024

Update on the 2024 RealPage Inc lawsuit: Several mass arbitration law firms in 2024 are now pursuing direct action claims on behalf of apartment/condo renters against RealPage. They are taking a different approach to this lawsuit compared to the main class actions.

In simple terms, instead of joining the big group lawsuit where everyone is lumped together, they’re preparing to file separate lawsuits for each individual renter/plaintiff who becomes their client. This strategy is called “direct action.” This is a significant and positive update.

In a class action, it’s like everyone affected joins one big team and gets an equal share of whatever is won. But with direct action claims, these specialist law firms are essentially creating individual teams for each of their clients. This approach might lead to much higher settlement amount for each renter/plaintiff that was affected.

By handling cases one-by-one, law firms such as Mason LLP hope to focus on the specific details of each renter’s situation. This could potentially lead to higher compensation payout for their clients compared to what they might get in the class action, where individual circumstances might get lost in the crowd.

It’s important to note that while this approach might have potential benefits, it also comes with its own risks and challenges. The potential for a higher settlement must be weighed against factors such as individual case strength, time investment, and possible legal costs.

How Can I Join the Lawsuit and Sue to Claim Compensation?

If you have lived in a property managed by one of the defendants or another company using RealPage Inc’s revenue management service to set rental prices anytime since 2016, you may be affected by this rental housing price-fixing/rent-fixing case and can sue.

This case affects renters in several states, including Arizona, California, Colorado, the District of Columbia, Florida, Illinois, Massachusetts, New Jersey, New York, North Carolina, Ohio, Texas, and Washington. 

To learn more about your potential claim and how to join the lawsuit, you can complete this form to sign up.


Why This RealPage Litigation is Likely to Be Successful for Plaintiff Payouts?

By all indications, this “cartel/collusion” type case against RealPage has the potential to result in substantial settlements and payouts due to the following:

Extensive Investigation: As of July 2024, the Department of Justice (DOJ) is conducting thorough civil and criminal probes into RealPage, indicating the merit of allegations of collusion and price-fixing.

State-Level Investigations: State attorneys general, including those from D.C., Arizona, and North Carolina, have launched probes and lawsuits against RealPage and major landlords.

Multiple Legal Fronts: The case is pursued on various fronts, including DOJ suits, criminal investigations, class-action lawsuits, and specialist law firm claims, increasing pressure on RealPage.

Antitrust Implications: The DOJ’s focus on potential antitrust violations suggests serious market manipulation, often resulting in significant penalties and damages.

Widespread Impact: The allegations impact many renters, leading to a large class of plaintiffs and potentially larger settlements or judgments.

Treble Damages: Under the Sherman Act, if RealPage is found liable, they could pay up to three times the actual damages, significantly increasing the payout.

Direct Action Approach: The strategy of pursuing individual claims rather than a class action could lead to higher settlements for renters.

Estimated Overcharges: Claims that renters were consistently overcharged by 5-7% since 2016 provide a basis for calculating significant damages.

Government Involvement: DOJ participation and support lend credibility to the claims and may increase the likelihood of a favorable outcome for renters.

Ongoing Industry Scrutiny: The Biden administration’s focus on anti-competitive practices, including in housing, suggests alignment with broader regulatory priorities.


Who are the Defendants (Landlords and Management Companies) Accused of Price-Fixing their rent?

Below is a list of affected “Lessor Defendants” that used RealPage’s rent setting software that you can sue depending on which one(s) were your landlord. There are likely more, but this is the list we currently have based on our research at IsThatLegal.org, including property management companies and apartment complex owners:

  • Alliance Residential Company
  • AMLI Residential
  • Apartment Income REIT Corp
  • Apartment Management Consultants LLC
  • Asset Living, LLC
  • Avenue5 Residential, LLC
  • AvalonBay Communities, Inc.
  • BH Management Services, LLC
  • Bozzuto Management Company
  • Camden Property Trust
  • CONAM Management Corporation
  • Cortland Partners, LLC
  • Cushman & Wakefield, Inc.
  • CWS Apartment Homes, LLC
  • Equity Residential
  • Essex Property Trust, Inc.
  • FPI Management, Inc.
  • Greystar Real Estate Partners, LLC
  • Highmark Residential, LLC
  • Lincoln Property Company
  • Mid-America Apartment Communities, Inc.
  • Mission Rock Residential, LLC
  • The Morgan Group Inc.
  • Morgan Properties, LLC
  • Park Towne Place Apartment Homes
  • Pinnacle Property Management Services, LLC
  • Prometheus Real Estate Group, Inc.
  • RPM Living, LLC
  • Sares Regis Group
  • Security Properties Inc.
  • The Irvine Company, LLC
  • The Sterling Apartment Homes
  • Thrive Communities Management, LLC
  • UDR, Inc.
  • WinnCompanies, LLC
  • ZRS Management, LLC

Renter/Tenant FAQs Regarding Compensation:

  1. What type of compensation can I expect if I sue and the the lawsuit is successful?
    • You can expect financial compensation, which might include refunds for overpaid rents, punitive damages, and possibly other monetary awards decided by the court.
  2. How will the compensation/settlement be calculated?
    • Compensation is typically based on the extent of overcharges experienced, the duration you were affected, and any other financial harm caused by the price fixing.
  3. When can I expect to receive compensation?
    • The timeline for receiving compensation can vary, but it usually occurs after the lawsuit is resolved and any appeals are completed, which can take several months to years.
  4. Are there any fees or costs I will be responsible for?
    • Legal fees and administrative costs might be deducted from the compensation amount, but details vary based on the agreement with the representing law firm. Almost all mass arbitration and class action law firms work on a contingency fee basis, which means that the payment of fees and costs is “contingent” upon whether they obtain any recovery on your behalf. If there is no monetary award, you will not be obligated to pay any attorneys’ fees or costs.
  5. Is the compensation taxable?
    • Compensation could be taxable; it’s advisable to consult with a tax professional to understand the specific implications.

Renter/Tenant Questions Regarding How to Sign Up:

  1. Am I eligible to join the antitrust lawsuit?
    • Eligibility typically includes being a tenant who rented a property affected by the price-fixing practices and antitrust violations during a specified period.
  2. What documents or evidence do I need to provide?
    • You might need to provide lease agreements, rent payment records, and any communication with your landlord and/or property management company related to rental rates.
  3. How do I officially join the lawsuit?
    • You can join by contacting the law firm handling the case, filling out any required forms, and submitting necessary documentation.
  4. Do I need to hire my own lawyer?
    • Generally, you do not need to hire your own lawyer if you join a class action lawsuit, as the representing firm will handle the case on behalf of all plaintiffs.
  5. What happens after I sign up?
    • After signing up, you will receive updates on the case’s progress and may need to participate in providing further information or testimony.
  6. Can I withdraw from the lawsuit if I change my mind?
    • Yes, you can usually withdraw from the lawsuit, but it’s important to understand any potential consequences or deadlines for opting out.
  7. Will my participation be confidential?
    • Participation is typically confidential, though some information might become public record during court proceedings.

Join the RealPage Antitrust Lawsuit and Claim Compensation

If you have rented an apartment or single-family or multifamily property managed by one of the defendants or another company using RealPage’s revenue management service to set rental prices anytime since 2016, you may be affected and you can complete this form to sign up for the lawsuit.

Thursday

22

August 2024

2024 Ticketmaster data breach compensation: Just how much are you eligible for if you sign up?

Written by , Posted in Consumer Law, Contract Law, Cybersecurity Law, Statutory Law

If you’ve received an email or notice from Ticketmaster about the data breach/hack that happened in 2024, you may be wondering what to do, and how much compensation you’re eligible for.

The path to receiving that compensation (and how much settlement you can get) can be taken in various legal ways.

Here’s the three options you have to sign up for the lawsuit:

  1. Class Action Lawsuit: Several law firms are investigating potential class action lawsuits against Ticketmaster and Live Nation. While class actions can be an efficient way to address widespread harm, they often result in relatively small payouts for individual plaintiffs.
  2. Individual Lawsuit: You could file an individual lawsuit against Ticketmaster, but this approach can be costly and time-consuming.
  3. Mass Arbitration: This strategy combines elements of individual representation with the collective power of group action. It is the strategy of choice for some law firms who have fought on behalf of their clients against the largest companies in the world and won.

Update (01/13/2025): Sign-ups are closed for this case. You can see the below screenshot from Mason LLP’s site regarding their mass arbitration efforts, as well as Morgan and Morgan’s page (https://www.forthepeople.com/blog/live-nation-and-ticketmaster-data-breach-lawsuit-what-know/) which has stopped new client intake for the Ticketmaster data breach case. Their page is now redirecting to their blog’s homepage.

We wish the best for the claimants and plaintiff’s in this case and hope the settlement that is reached is notable and significant for everyone negatively affected by the defendant (Ticketmaster).

Ticketmaster Data Breach Lawsuit Sign Up

If you received a letter or email notification from Ticketmaster about the data breach/hack in 2024, you can join the lawsuit by filling out this form. (Update (01/13/2025: this link is no longer active as the case is now closed for sign-ups)

The link above goes to the secure sign-up form for the Ticketmaster data breach case on Mason LLP’s website. Mason LLP is experienced in mass arbitration for data breach cases in the U.S. and is actively involved in the Ticketmaster breach. They have recovered over $1 billion for their clients in the past 30 years. 

Why Mass Arbitration May Result in the Largest Settlement/Compensation

Mass arbitration is gaining traction as an effective alternative to traditional class action lawsuits primarily due to increased payouts, and a shorter timeline.

If you’re wondering about how much the ticketmaster data breach compensation is in dollar amounts for each individual plaintiff, nobody can answer that for you just yet, but here’s why it might be the optimal choice for plaintiff’s:

Personalized Representation

Unlike class actions where all plaintiffs are treated as a single bulk entity, mass arbitration allows for individual representation. Law firms handling mass arbitrations file separate cases for each client, focusing on the specific details of your situation. 

This personalized approach could potentially lead to higher compensation compared to what you might receive in a class action settlement.

Potential for Higher Payouts

By avoiding the “one-size-fits-all” nature of class actions, mass arbitration may result in more substantial settlements for individuals. Your specific circumstances, such as the extent of data compromised or any resulting financial losses, can be more thoroughly considered.

Bypassing Arbitration Clauses

Many companies, including Ticketmaster, have arbitration clauses in their terms of service that prevent customers from participating in class action lawsuits. Mass arbitration turns this tactic on its head by overwhelming the company with numerous individual arbitration claims, often leading to more favorable settlement terms.

Efficient Process

While each case is handled individually, mass arbitration allows law firms to streamline the process by using similar arguments and evidence across multiple cases. This efficiency can lead to faster resolutions compared to traditional lawsuits.

How to Join the Lawsuit Against Ticketmaster/ Live Nation

If you’re one of the 560 million customers affected by this Ticketmaster data breach in 2024 and wish to seek a refund and additional compensation, follow these steps to join the mass arbitration process:

  1. Confirm Your Eligibility:
    • Check if you received an *official* email or letter notification from Ticketmaster about the data breach.
    • If you didn’t receive a notice but believe you may be affected, contact Ticketmaster directly.
  2. Gather Documentation:
    • Collect all relevant information, including:
      • Emails from Ticketmaster about the breach
      • Evidence of any fraudulent charges
      • Records of time spent addressing the breach
    • Organize these documents for easy access when needed.
  3. Sign Up
    • Sign up via this secure sign-up form for the Ticketmaster data breach case. (Update (01/13/2025: this link is no longer active as the case is now closed for sign-ups)
    • You’ll need to provide:
      • Personal information (name, address, contact details)
      • Ticketmaster account information
      • Details about how you’ve been affected by the breach
      • Any relevant documentation (e.g., breach notification emails, evidence of fraudulent charges)
  4. Review and Submit:
    • Carefully review all information before submitting.
    • Ensure you understand:
      • The law firm’s terms of representation
      • Any fees or costs involved, which are usually none: Mason LLP and most plaintiff law firms handle these cases on a contingency fee basis, meaning you pay no upfront costs and only pay if they win your case.
      • Your rights and obligations as a plaintiff
    • If anything is unclear, don’t hesitate to ask your law firm for clarification.
  5. Confirmation and Next Steps:
    • After submitting your information:
      • Look for a confirmation email or message from your attorney
      • Follow any additional instructions provided by the firm
      • Be prepared to provide more information or documentation if requested
  6. Stay Informed:
    • Once you’ve signed up for the class action / mass arbitration lawsuit :
      • Regularly check your email for updates from the firm
      • Visit your law firm’s website for case updates
      • Consider joining any secure online portals or groups set up for plaintiffs
    • Keep all communications for your records.

What to Expect in Terms of Compensation

While it’s difficult to predict exact compensation amounts, data breach settlements can include:

  • Reimbursement for out-of-pocket expenses related to the breach
  • Compensation for time spent dealing with the breach
  • Credit monitoring services
  • Identity theft insurance

Mass arbitration settlements have the potential to be more substantial than typical class action payouts, which often amount to only a few Dollars up to a few dozen Dollars per person.

Remember, the legal process can take time, so patience is key. By following these steps and staying engaged, you’ll be well-positioned to pursue compensation for any damages resulting from the Ticketmaster data breach.

Join the Ticketmaster / Live Nation Lawsuit and Claim Compensation


If you’ve been affected by this data hack/breach, you may be entitled to join and claim compensation for the exposure of your private data and any resulting damages as a result of that. If you received a letter or email notification from Ticketmaster about the data breach, you can join the mass arbitration lawsuit by filling out this form. (Update (01/13/2025: this link is no longer active as the case is now closed for sign-ups)

Saturday

27

July 2024

AT&T data breach lawsuit: Can you actually receive a $750 settlement?

Written by , Posted in Consumer Law, Contract Law, Cybersecurity Law

Answer: Maybe. If you’re a current or former AT&T customer whose Personally Identifiable Information (PII) was compromised in the breach, you may be entitled to a significant compensation payout in a class action lawsuit. 

Lawsuit Update: California residents, in particular, could be eligible for up to a $750 settlement amount under the California Consumer Privacy Act (CCPA). Eligibility and compensation amounts can vary based on the specific impact of the exfiltration of your personal and financial data.

If you received notice of the AT&T breach you can open a claim by filling out a claim form with one of the various law firms representing the plaintiffs in this case. For example:

  • https://potterhandy.com/att-data-breach-lawsuit
  • https://www.kazlg.com/att-data-breach/
  • https://www.cpmlegal.com/cases-CPM-Investigating-ATT-Data-Breach-Affecting-73-Million-Current-and-Former-ATT-Customers
  • https://www.cohenmilstein.com/case-study/att-data-breach-arbitration/

AT&T blue logo and black text for legal uses 2024 data breach lawsuit

How Can I Claim Compensation? 

To claim compensation, you may need to sign-up and join a class-action lawsuit or file an individual claim. Or you can do nothing and await the legal proceedings.

We’ve seen several prominent law firms take action in response to the 2024 AT&T data breach by filing class action lawsuits on behalf of affected customers in the U.S. These firms are actively seeking to hold AT&T accountable for the data breach / hack and to secure compensation for impacted individuals, up to $750 per victim and possibly more.

Mason LLP, Gibbs Law Group, Cohen Milstein Sellers & Toll PLLC, Barnes Law Group, Stueve Siegel Hanson LLP, and DiCello Levitt LLP are jointly representing plaintiffs in a class action suit against AT&T. There are other law firms as well.

Beasley Allen has also initiated a class action lawsuit on behalf of affected customers in efforts to increase settlement totals. Labaton Keller Sucharow is also investigating private arbitration claims against AT&T for California residents.

AT&T Data Breach 2024 Lawsuit Compensation Form

You can submit your AT&T lawsuit compensation claim form to the administrator to prove that you are entitled to part of the settlement if your personal data was compromised in the AT&T data breach. You can do so by filling out the sign-up form on one of the above-mentioned law firm websites.

Note: When working with a lawyer, be aware of the statute of limitations for data breach claims in your state. Provide any evidence of your AT&T account, breach notifications received, and documentation of related expenses or identity theft incidents.

What Types of Compensation / Payouts Are Available? 

Potential settlement Dollar amounts may include reimbursement for financial losses, free credit monitoring services, identity theft protection, and in some cases, statutory damages. Some lawsuits are also seeking compensation for the time and effort spent dealing with the aftermath of the hack/breach.

How Much is the AT&T Settlement Refund / How Much Can I Expect? 

The final settlement amount from AT&T you can look forward to will vary widely depending on factors such as your location, the extent of damages you’ve suffered, and the outcome of legal proceedings. While California residents may be eligible for up to a $750 payout, actual amounts could be lower or higher based on individual circumstances and the overall resolution of claims against AT&T. As for the question of “how much of a settlement can I get,” we won’t know until this lawsuit proceeds through the judicial system.

What Evidence Do I Need to Provide? 

You may need to provide evidence of your AT&T account, any notification you received about the breach, and documentation of any financial losses or identity theft incidents related to the breach. Keep records of time spent addressing the breach’s impact and any associated expenses.

What Legal Steps Should I Take? 

Consider consulting with a lawyer experienced in data breach cases. They can help you understand your rights, assess the strength of your claim, and determine whether joining a class action or pursuing individual legal action is most appropriate for your situation.

What is AT&T Offering Currently? 

At the moment (July 2024), ATT is offering a suggestion for users to change their password and such, which can be found at www.att.com/accountsafety. AT&T has also stated it will offer credit monitoring at its expense where applicable. However, this is just the first step that companies like this take, and it may not be sufficient to cover all potential damages. It’s important to understand your rights and explore all available options for settlement beyond what AT&T is voluntarily offering. 

Are There Deadlines for Signing Up and Filing Claims? 

While specific deadlines haven’t been publicized by the law firms representing the plaintiffs, it’s crucial to act promptly. Statutes of limitations for data breach claims vary by state and can impact your eligibility for compensation. Consulting with a lawyer early can help ensure you don’t miss important deadlines.

Will My Claim and Settlement Affect My Relationship with AT&T?

Pursuing compensation should not negatively impact your service with AT&T. Consumer protection laws generally prohibit retaliation against customers for exercising their legal rights. However, if you have concerns, discuss them with your class action lawyer who can provide guidance specific to your situation.

What You Can Do Next:

Data breach attorneys and former cybersecurity experts advocate for the rights of consumers impacted by such incident. You may want to sign up and work with one of these law firms as a plaintiff. 

If you received notice of the AT&T breach and would like to see if you qualify for a settlement up to $750, you can start a claim here with one of the representative law firms listed above.

Saturday

15

June 2024

Question: Is It Legal to Sue Your Broker?

Written by , Posted in Securities Law

Answer: Yes, it is legal to sue your broker or financial advisor if you have suffered financial losses due to their misconduct or negligence.

As an investor, you have the right to take legal action against your financial professional if they have failed to act in your best interest or have engaged in practices that have caused you harm.

When Can You Sue Your Broker or Financial Advisor?

There are several instances when you can take legal action against your broker or financial advisor. One of the most common reasons we see all the time is a breach of fiduciary duty. If you’re curious, you can check the FINRA database and research the professional backgrounds of any U.S. registered investment professional, brokerage firms and investment adviser firms. There’s A LOT with disciplinary actions!

What is Fiduciary duty?

Fiduciary duty arises from various sources, including state common law, the Securities and Exchange Commission’s Regulation Best Interest (Reg. BI), and the Investment Advisors Act of 1940. A financial professional’s fiduciary duty requires them to perform their duties with the highest level of professionalism, act in the client’s best interest, and put the client’s interests above their own. Sounds good on paper, and most brokers and firms understand this, but there’s always a few bad apples who disregard all moral and legal ethics to make an extra buck.

If your broker or financial advisor breaches any of these duties, you may have grounds for a lawsuit.

Another instance when you can sue your broker is when they engage in unauthorized trading. Legally, brokers (including stockbrokers) must have express authority from their clients to execute trades on their behalf. If your broker makes transactions without your approval and you suffer financial losses as a result, you can seek compensation.

Material omission or misrepresentation is another reason to sue your broker or financial advisor… They are obligated to provide you with all the necessary information to make informed investment decisions. If you lose money due to their misrepresentation or failure to disclose relevant information, you have the right to take legal action.

Inappropriate investments can also be grounds for a lawsuit. Before June 30, 2020, the suitability rule required brokers to recommend securities that aligned with their client’s investment objectives, risk tolerance, and other unique factors. After June 30, 2020, Reg. BI required that investment advice be made with the investor’s best interests in mind. If you suffer losses because your broker made inappropriate investments, you may have a case against them.

Churning, or excessive trading to generate commissions, is another form of misconduct that can lead to a lawsuit. If your broker engages in frequent trading and charges high commissions (usually without much benefit for you), causing you financial harm, you can seek legal recourse.

Finally, a lack of diversification in your portfolio can also be a reason to sue your broker or financial advisor. They have a responsibility to discuss the risks associated with a concentrated portfolio and ensure that your investments are properly diversified. If you suffer losses due to a lack of diversification, you may have a case against your financial professional.

Proving Negligence or Fraud

To successfully sue your broker or financial advisor, you must prove two elements: liability and damages. Liability refers to the wrongful conduct (negligence or fraud) of your financial professional, while damages refer to the financial losses you have suffered as a result of their misconduct.

Proving fraud or negligence can be complex, and it is often beneficial to hire an experienced attorney to help you build a strong case. They can assist you in gathering evidence and navigating the legal process to increase your chances of a successful outcome.

Legal Options for Suing Your Broker or Financial Advisor

There are two main legal options for suing your broker or financial advisor: arbitration and a lawsuit. Arbitration is the most common path, as most brokerage firm customer agreements and investment advisory agreements contain arbitration clauses. FINRA arbitration is similar to court litigation, and it is crucial to utilize an experienced attorney to help you navigate the complex legal claims and arbitration process (you won’t fare well going into it alone–this isn’t small claim courts)/

It is important to note that arbitration is binding, and there are limited grounds for challenging an arbitration award. If you are unsatisfied with the outcome, you can only challenge the award if you can prove that the arbitrators were biased, did not apply the law correctly, or failed to consider the evidence presented.

In rare cases where an investment agreement does not contain an arbitration clause, you can file a lawsuit against your broker or financial advisor. Court cases often have strict procedural rules and can be more expensive and time-consuming than arbitration. However, a jury trial may potentially result in a more favorable outcome for the investor. It is essential to weigh the costs and benefits of a lawsuit with an experienced attorney before proceeding.

Re-cap

It is legal to sue your broker or financial advisor if you have suffered financial losses due to their misconduct or negligence… There are various circumstances under which you can take legal action, including breach of fiduciary duty, unauthorized trading, material omission or misrepresentation, inappropriate investments, churning, and lack of diversification.

To successfully sue your financial professional, you must prove both liability and damages. Hiring an experienced securities attorney can help you build a strong case and navigate the complex legal process.

When considering your legal options, arbitration is the most common path due to the prevalence of arbitration clauses in investment agreements. However, in rare cases, a lawsuit may be an option. It is crucial to consult with an experienced attorney to determine the best course of action for your specific case.

If you believe that you have been wronged by your broker or financial advisor, do not hesitate to seek legal advice. By holding negligent or fraudulent financial professionals accountable, you can protect your rights as an investor and work towards recovering your financial losses.

[CONTACT THE ATTORNEY WHO ANSWERED THIS QUESTION]

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