Sean O’Rourke | July 26, 2025 | Personal Injury
A data breach can cause long-term financial problems and stress. The impact of having your personal information stolen can be devastating. Data breaches can increase the risk of financial fraud and identity theft. If your data was exposed, you may be entitled to compensation for a data breach claim in Texas.
Understanding your rights and receiving sound legal advice from a data breach attorney can help you protect your rights and recover damages.
Data Breaches in Texas Are a Serious Problem
The website for the Attorney General of Texas lists 629 entries under data security breach reports between July 25, 2023, and July 18, 2025. The Texas Department of Transportation confirmed a major breach on May 12, 2025, that compromised approximately 300,000 crash report records.
Health records are a common target for data breaches, with nearly 13 million records being exposed in Texas since 2020.
Cybercriminals use personal information gained from data breaches to cause enormous financial losses for victims. The emotional distress, financial losses, and long-term credit issues from identity theft caused by data breaches total hundreds of millions of dollars annually.
Data Breach Defined
Under Texas law, a “breach of system security” is defined as the unauthorized acquisition of computerized data that compromises the confidentiality, security, or integrity of sensitive personal information. This includes data elements such as:
- Social Security numbers
- Driver’s license or government-issued ID numbers
Account numbers in combination with security codes or passwords - Medical and health insurance information
Any person, business, or organization that conducts business in Texas and maintains such data is subject to these requirements.
Texas Data Breach Notification Laws
Under the Texas Identity Theft Enforcement and Protection Act, businesses must notify affected individuals within 60 days of discovering a data breach involving sensitive personal information, unless delayed by law enforcement.
The Texas Data Breach Act adds that if 250 or more Texas residents are affected, the organization must also notify the Texas Attorney General within 30 days, detailing the breach, the number of individuals impacted, and the steps taken in response.
Legal Remedies and Civil Lawsuits
Texas allows for civil penalties against businesses or entities that fail to comply with the notification and reporting requirements. Victims of a data breach may pursue legal action if they suffer financial harm or identity theft as a result of the breach.
It is important to note, however, that, under the newly enacted Texas Senate Bill 2610 (SB 2610), certain small businesses may be shielded from exemplary (punitive) damages in civil lawsuits.
Do You Qualify to File a Data Breach Claim in Texas?
If your personal data was compromised, you may be entitled to compensation if you sustained damages because of the data breach. The best way to learn whether you have a claim is to discuss your situation with a Houston data breach lawyer.
An attorney can review the facts and circumstances of your situation, explain how the law applies in your case, and review your options for seeking compensation.
Estimating How Much You Can Claim for a Data Breach in Texas
When your personal information is compromised, it is more than an inconvenience. A data breach could cause severe financial hardship. The damages you may receive for a data breach lawsuit include:
- The direct financial losses incurred because of the data breach, including unauthorized charges, theft from accounts, etc.
- Loss of income if you miss work because you must deal with issues related to the data breach
- The cost of identity theft restoration
- Legal fees and costs of filing claims and lawsuits
- Emotional distress and other non-economic damages
- Paid credit monitoring services
The amount you may receive for a data breach lawsuit depends on the factors of your case. Working with an experienced data breach attorney can help maximize your recovery.
Why Legal Representation Matters in a Texas Data Breach Case
Data breach lawsuits involve complex state and federal laws that are continually evolving. An experienced Houston data breach lawyer can investigate the matter, file all required complaints and notices, calculate the correct value of your damages, and negotiate a fair settlement on your behalf. If your case goes to trial, a seasoned lawyer can make a difference in the outcome.
Acting quickly to protect your interests and rights after a data breach in Texas is crucial. Delays could increase your losses and reduce your options for recovering damages. Reach out to Simon & O’Rourke Car Accident & Personal Injury Lawyers today for help.
For more information, please get in touch with the Houston personal injury attorneys at Simon & O’Rourke Car Accident & Personal Injury Lawyers at our nearest location to schedule a free consultation today.
Simon & O’Rourke Car Accident & Personal Injury Lawyers
440 Louisiana St Suite 1115, Houston, TX 77002
(281) 667-4081
About The Author
Sean O’Rourke earned his law degree from Southern Methodist University School of Law and is licensed to practice in Texas. He frequently assists clients with their legal needs in Houston, with a focus on personal injury cases, especially those involving motor vehicle accidents (such as cars, commercial trucks, 18-wheelers, & motorcycles). Click here to view some of the amazing case results that Sean has successfully handled.
Location: Houston, TX