1E9Ct5D

G. Remediation Efforts: Credit Monitoring, Identity TheftProtection, and Customer Hotlines.Companies suffering data breaches have to fight hard to retain current customers andrecruit new customers. Companies must decide whether to offer credit monitoring orsome type of identity theft protection to affected persons following a data breach.According to Dave Maxfield, writing from “the consumer’s perspective” in the May 2014article Data Breaches Perspectives from Both Sides of the Wall, while credit monitoringis helpful in detecting identity thefts, it is not a total solution because it fails to detectmany common fraudulent activities, like a fraudulent tax return. 49Moreover, creditmonitoring usually only lasts one year, while criminals can bide their time until things diedown (and credit monitoring expires) before using the stolen information. 50Credit monitoring aside, other remediation tools are available following a breach. Earlyin the company’s data breach response, management should consider theappropriateness of identity theft protection, setting up a consumer call center, andwhether other business offers would be appropriate. For instance, Target offered a tenpercent discount to customers for a certain time period following the breach.49 Dave Maxfield and Bill Latham, Data Breaches Perspectives from Both Sides of the Wall, SouthCarolina Lawyer, May 2014, at 31 (“Maxfield and Latham” article).50 Id.March 6, 2015 26 © 3-6-2015 ALFA International Business Litigation P.G.