Data Breach Alert: Day-Lee Foods, Inc.

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Recently, the food manufacturer Day-Lee Foods, Inc., announced a data breach stemming from what the company explained was a “data security event.” While details about the breach are still forthcoming, as a result of the breach, the names and Social Security numbers of certain customers were compromised.

Given the recency of this breach, little is known about its causes or the risk it presents to consumers. However, data breaches such as this one can occur in a variety of different ways. Often, they are often the result of a hacker breaching an organization’s network systems with the intent of accessing sensitive consumer information. While there is no telling why Day-Lee Foods was the target of this recent cyberattack, hackers often target companies that have vulnerabilities in their data-security technology.

After a hacker gains access to a company’s network, they may remove any consumer information located on the network. However, given technological limitations, companies cannot identify which parties’ information was accessed or whether the hacker retained any of their data. All a company can tell consumers is that their information was accessible by an unauthorized party. Regardless, those whose information is compromised in a data breach are at a much higher risk of identity theft. Given these risks, it is important for anyone who received a data breach letter from Day-Lee Foods, Inc. to take the necessary steps to protect themselves and enforce their rights as consumers.

Those who received a data breach letter from Day-Lee Foods, Inc. should be aware of the risks and take the steps necessary to limit another’s ability to assume their identity. While the fact that a person’s data was compromised doesn’t necessarily mean the unauthorized party will use it for criminal purposes, it is not an uncommon situation. This is especially the case in recent years, as the COVID-19 pandemic presented an opportunity for many hackers to take advantage of companies that may have neglected their data security systems, given the myriad issues they are dealing with.

However, companies like Day-Lee Foods, Inc. have a duty to protect consumer data. If evidence emerges that Day-Lee Foods mishandled your sensitive information leading up to the breach, you may be eligible for financial compensation through a data breach lawsuit.

Are Consumers Impacted by the Day-Lee Foods Data Breach Entitled to Financial Compensation?

As a customer of Day-Lee Foods, you provided the company with your personal information, and you trusted it would keep your information secure. Certainly, anyone in your position would assume that the company would take steps that were needed to prevent unauthorized parties from accessing sensitive consumer data. However, news of this data breach raises some concerning questions about the adequacy of the company’s data security measures.

All companies have an ethical and legal obligation to ensure sensitive consumer information remains private. And while developing and maintaining an effective data security system is a burden, it is also a necessary cost of doing business in an environment where the threat of cyberattacks is constant.

The United States data breach laws allow consumers to sue companies that misuse or negligently handle their data, leading to a breach. However, these laws are complex, and news of this data breach is very recent. Thus, right now, there is not yet any evidence indicating that Day-Lee Foods bears any responsibility for the cyberattack. However, that may change, as our data breach lawyers are looking into the breach to determine what legal remedies consumers may have against the company.

If you have questions about your ability to bring a data breach class action lawsuit against Day-Lee Foods, Inc., you should contact a data breach attorney as soon as possible.

What to Do if You Received a Data Breach Notification from Day-Lee Foods, Inc.

If Day-Lee Foods sent you a data breach letter, you were among those whose personal data was accessible in the recent data breach. This means that a total stranger—possibly a criminal—might have accessed, viewed, and stolen your sensitive personal information. While you can’t be sure why a hacker would want your information or what they might do with it, now is not the time to give them the benefit of the doubt. Given the risks involved, it is essential that you remain vigilant to protect yourself from the increased risk of identity theft by taking the following steps:

  • Carefully read the data breach letter sent by Day-Lee Foods, Inc. to determine what information was accessible;
  • Make a copy of the letter for your records;
  • Enroll in the free credit monitoring service provided by Day-Lee Foods, Inc.;
  • Change all your online passwords and security questions;
  • Enable two-factor or multi-factor authentication, where it is available;
  • Regularly review your credit card and bank account statements for any signs of suspicious activity;
  • Monitor your credit report for any unexpected changes that may be a sign of identity theft;
  • Contact one of the major credit bureaus to request they add a fraud alert to your profile; and
  • Notify your banks and credit card companies of the data breach.

About Day-Lee Foods, Inc.

Day-Lee Foods, Inc. is a manufacturer and retailer of specialty food products based out of Santa Fe Springs, California. The company serves customers in the United States and abroad, providing a wide range of meat, seafood, and agricultural products. Day-Lee Foods is a subsidiary of NH Foods Group, a Japanese company that maintains operations in about 90 locations in 19 countries and regions, with 650 stores across the United States.

The Details of the Day-Lee Foods, Inc. Consumer Data Breach

According to the most recent filings by Day-Lee Foods, Inc., on January 7, 2021, the company reported that it experienced a data security event. However, many details about the breach are not yet known. The company has confirmed, however, that the affected parties’ Social Security numbers were compromised as a result of the breach.

Subsequently, Day-Lee Foods, Inc. began sending out written notice of the breach to all affected parties, describing what occurred and informing employees on what they could do to protect themselves. While Day-Lee Foods cannot confirm that any of the compromised data was used by the unauthorized party, the company encourages those who received a data breach letter to keep a lookout for any signs of identity theft, fraud, or other unauthorized activity by closely monitoring their online accounts and credit reports.

Below is a copy of the initial data breach letter issued by Day-Lee Foods, Inc. (the actual notice sent to consumers can be found here):

Dear [Consumer],

Day-Lee Foods, Inc. (“Day-Lee”), a subsidiary of NH Foods Ltd., is writing to notify you of a recent data security event that may have impacted the security of some of your information. We take this event and the security of your information very seriously, and this letter provides steps you may take to better protect your information, should you feel it appropriate to do so.

The confidentiality, privacy, and security of your information are among our highest priorities, and we have security measures in place to protect information in our systems. As an additional precaution, Day-Lee is offering you access to twenty-four (24) months of complimentary credit monitoring services through Experian. Details of this offer and instructions on how to activate these services are included below.

Enroll in Credit Monitoring

To help protect your identity, we are offering complimentary access to Experian IdentityWorksSM for twenty-four (24) months.

If you believe there was fraudulent use of your information as a result of this incident and would like to discuss how you may be able to resolve those issues, please reach out to an Experian agent. If, after discussing your situation with an agent, it is determined that identity restoration support is needed then an Experian Identity Restoration agent is available to work with you to investigate and resolve each incident of fraud that occurred from the date of the incident (including, as appropriate, helping you with contacting credit grantors to dispute charges and close accounts; assisting you in placing a freeze on your credit file with the three major credit bureaus; and assisting you with contacting government agencies to help restore your identity to its proper condition).

Please note that Identity Restoration is available to you for twenty-four (24) months from the date of this letter and does not require any action on your part at this time. The Terms and Conditions for this offer are located at www.ExperianIDWorks.com/restoration.

While identity restoration assistance is immediately available to you, we also encourage you to activate the fraud detection tools available through Experian IdentityWorks as a complimentary twenty-four (24) month membership. This product provides you with superior identity detection and resolution of identity theft. To start monitoring your personal information, please follow the steps below:

    • Ensure that you enroll by March 31, 2022 (Your code will not work after this date.)

    • Visit the Experian IdentityWorks website to enroll: www.experianidworks.com/credit

    • Provide your activation code:

If you have questions about the product, need assistance with Identity Restoration that arose as a result of this incident or would like an alternative to enrolling in Experian IdentityWorks online, please contact

Experian’s customer care team at (866) 584-9681 by March 31, 2022. Be prepared to provide engagement number B023072 as proof of eligibility for the Identity Restoration services by Experian.

ADDITIONAL DETAILS REGARDING YOUR EXPERIAN IDENTITYWORKS MEMBERSHIP

A credit card is not required for enrollment in Experian IdentityWorks. You can contact Experian immediately regarding any fraud issues, and have access to the following features once you enroll in Experian IdentityWorks:

    • Experian credit report at signup: See what information is associated with your credit file. Daily credit reports are available for online members only.*

    • Credit Monitoring: Actively monitors Experian file for indicators of fraud.

    • Identity Restoration: Identity Restoration specialists are immediately available to help you address credit and non-credit related fraud.

    • Experian IdentityWorks ExtendCARETM: You receive the same high-level of Identity Restoration support even after your Experian IdentityWorks membership has expired.

    • $1 Million Identity Theft Insurance**: Provides coverage for certain costs and unauthorized electronic fund transfers.

We encourage you to remain vigilant against incidents of identity theft and fraud, to review your account statements, and to monitor your credit reports for suspicious activity. Under U.S. law, a consumer is entitled to one free credit report annually from each of the three major credit reporting bureaus, Equifax, Experian, and TransUnion. To order your free credit report, visit www.annualcreditreport.com or call, toll-free, 1- 877-322-8228. You may also directly contact the three major credit reporting bureaus listed below to request a free copy of your credit report.

Consumers have the right to place an initial or extended “fraud alert” on a credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If you are a victim of identity theft, you are entitled to an extended fraud alert, which is a fraud alert lasting seven years. Should you wish to place a fraud alert, please contact any one of the three major credit reporting bureaus listed below.

As an alternative to a fraud alert, consumers have the right to place a “credit freeze” on a credit report, which will prohibit a credit bureau from releasing information in the credit report without the consumer’s express authorization. The credit freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a credit freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. Pursuant to federal law, you cannot be charged to place or lift a credit freeze on your credit report. To request a security freeze, you will need to provide the following information:

    1. Full name (including middle initial as well as Jr., Sr., II, III, etc.);

    2. Social Security number;

    3. Date of birth;

    4. Addresses for the prior two to five years;

    5. Proof of current address, such as a current utility bill or telephone bill;

    6. A legible photocopy of a government-issued identification card (state driver’s license or ID card, military identification, etc.); and

    7. A copy of either the police report, investigative report, or complaint to a law enforcement agency concerning identity theft if you are a victim of identity theft.

Should you wish to place a fraud alert or credit freeze, please contact the three major credit reporting bureaus listed below:

Equifax https://www.equifax.com/personal/creditreport-services/

1-888-298-0045

Equifax Fraud Alert, P.O. Box 105069 Atlanta, GA 30348-5069

Equifax Credit Freeze, P.O. Box 105788 Atlanta, GA 30348-5788

Experian https://www.experian.com/help/ 1-888-397-3742

Experian Fraud Alert, P.O. Box 9554, Allen, TX 75013

Experian Credit Freeze, P.O. Box 9554, Allen, TX 75013

TransUnion https://www.transunion.com/credithelp

1-833-395-6938

TransUnion Fraud Alert, P.O. Box 2000, Chester, PA 19016

TransUnion Credit Freeze, P.O. Box 160, Woodlyn, PA 19094

Under Massachusetts law, you have the right to obtain any police report filed in regard to this incident. If you are the victim of identity theft, you also have the right to file a police report and obtain a copy of it.

You may further educate yourself regarding identity theft, fraud alerts, credit freezes, and the steps you can take to protect your personal information by contacting the consumer reporting bureaus, the Federal Trade Commission, or your state Attorney General. The Federal Trade Commission may be reached at: 600 Pennsylvania Avenue NW, Washington, DC 20580; www.identitytheft.gov; 1-877-ID-THEFT (1-877-438- 4338); and TTY: 1-866-653-4261. The Federal Trade Commission also encourages those who discover that their information has been misused to file a complaint with them. You can obtain further information on how to file such a complaint by way of the contact information listed above. You have the right to file a police report if you ever experience identity theft or fraud. Please note that in order to file a report with law enforcement for identity theft, you will likely need to provide some proof that you have been a victim. Instances of known or suspected identity theft should also be reported to law enforcement and your state Attorney General. This notice has not been delayed by law enforcement.

We understand that you may have questions about this incident that are not addressed in this notice. If you have additional questions or concerns, please call our toll-free dedicated assistance line at (866) 584-9681. This toll-free line is Monday through Friday from 8 am – 10 pm Central, or Saturday and Sunday from 10 am – 7 pm Central (excluding major U.S. holidays). Be prepared to provide your engagement number B023072.

We sincerely regret any inconvenience this event may cause you. We remain committed to safeguarding the information in our care and will continue to take steps to ensure the security of our systems.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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