Can you get your attorneys’ fees under the Computer Fraud and Abuse Act?

Kinda. There, how’s that for typical lawyer “advice”? Ok, I’m sorry, I don’t make the law, I’m just here to advise you on how it works.

The Computer Fraud and Abuse Act does not permit the recovery of costs and attorneys’ fees even if you win your case. If you are the plaintiff, however, it does permit you to recover your “loss.” If you plan it right, your “loss” could include some portion of your costs and attorneys’ fees as well.

Some courts have allowed this and some have not. But, to even have a chance of finding out you have to have a strategic plan for your Computer Fraud and Abuse Act claim from the very beginning. This means as soon as you learn your computers have been compromised.

If you or your company has its computers compromised, do you know who you should call first?

Can stealing a CAR violate the Computer Fraud and Abuse Act? (shawnetuma.com)
comScore Lawsuit and that Pesky Loss Requirement of the Computer Fraud and Abuse Act (shawnetuma.com)
Update: Recent Computer Fraud and Abuse Act Cases (shawnetuma.com)
“What Does CFAA Mean and Why Should I Care?” – A Primer on the Computer Fraud and Abuse Act for Civil Litigators (shawnetuma.com)

Published by Shawn E. Tuma

Shawn Tuma is an attorney who is internationally recognized in cybersecurity, computer fraud and data privacy law, areas in which he has practiced for nearly two decades. He is a Partner at Spencer Fane, LLP where he regularly serves as outside cybersecurity and privacy counsel to a wide range of companies from small to midsized businesses to Fortune 100 enterprises. You can reach Shawn by telephone at 972.324.0317 or email him at stuma@spencerfane.com. View more posts