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The above map reflects the number of cyber-related events compared to the number of organizations based in those states. California is a particular hot spot in the country, according to Advisen data, showing a high number of events compared to companies.
The graph below offers another look at California’s high level of litigation over cyber breach events, as compared to all other states, as well as to the United Kingdom.
Driving litigation in California may be the Song-Beverly Act, a California-specific law providing consumer protection relating to privacy and credit card use.
Another growing area of litigation reflects more lawsuits relating to the Telephone Consumer Protection Act of 1991. These claims are growing around the country, but especially in California, according to Advisen’s Loss Insights Database.
The following graph tracks the frequency of litigation in California, showing it to have regularly outstripped all other U.S. states and the U.K., where privacy and breach disclosure laws are not nearly as stringent as in the U.S.
Also showing an even higher number of lawsuits compared to cyber-related events were Illinois and Kentucky. Events in these states tend to prompt a greater number of lawsuits relating to a single event. This fact was highlighted as interesting, but unable to be accounted for by state laws or litigation trends, according to Jim Blinn, Advisen’s executive vice president, who spoke at Advisen’s recent Cyber Risk Insights Conference in San Francisco.