Unfair Data Retention Practices
Your Personal Data Should Be Protected, Not Exploited
Every time you sign up for a service, make an online purchase, or even browse a website, you leave behind a digital trail. Most people assume their personal information is stored only as long as it’s needed for the service they signed up for. Unfortunately, that’s not always the case. Companies often keep your personal data far longer than necessary and sometimes they use it, sell it, or share it without your knowledge.
This is known as unfair data retention, and it’s a growing concern in California and across the country. When businesses store sensitive information without proper consent or beyond reasonable limits, they not only violate privacy laws, but also put consumers at risk of identity theft, fraud, and unwanted surveillance.
At Malk & Pogo Law Group, we represent consumers whose personal information has been mishandled. If your private data was stored, sold, or shared without your consent, you may have a claim under California’s strong consumer privacy protections.
What Is Unfair Data Retention?
Unfair data retention occurs when a business:
- Keeps personal information longer than necessary to provide the service you requested.
- Stores sensitive data in ways that increase the risk of exposure or misuse.
- Shares or sells consumer data without clear, informed consent.
- Fails to delete personal information when a consumer asks.
In simple terms, it means companies are holding onto your data when they shouldn’t. This can involve anything from keeping your browsing history to storing payment details long after you’ve closed an account.
Examples of Personal Data Companies Keep
The types of data that may be unfairly retained include:
- Contact information: name, address, phone number, and email.
- Financial data: credit card numbers, bank information, transaction history.
- Health information: medical details collected through apps, fitness trackers, or online pharmacies.
- Browsing and purchase history: online shopping data, search queries, and app usage patterns.
- Biometric data: fingerprints, facial recognition scans, or voice recordings.
- Geolocation data: tracking your movements through GPS-enabled apps or services.
Many of these categories are considered highly sensitive. When companies hold onto them without valid reasons, they expose consumers to unnecessary risks.
Why Do Companies Retain Data?
Businesses often justify data retention as a way to improve services, streamline transactions, or provide personalized marketing. However, in many cases, the real motivation is profit.
Common reasons companies keep data longer than necessary:
- Targeted advertising: Using your data to sell you more products.
- Selling to third parties: Profiting by giving advertisers and data brokers access to your information.
- Predictive analytics: Tracking your habits and behaviors to predict what you’ll buy next.
- Avoiding compliance costs: Failing to invest in systems that delete consumer data when required.
These practices might help corporations increase revenue, but they undermine consumer rights and privacy.
How Unfair Data Retention Harms Consumers
1. Increased Risk of Identity Theft
The longer your personal data is stored, the more opportunities exist for hackers to access it. Breaches of outdated databases often lead to identity theft and financial fraud.
2. Loss of Control Over Your Privacy
When your information is shared or sold without consent, you lose control over who knows what about you. Your shopping habits, health conditions, or even your location could be exposed.
3. Emotional Stress
Discovering that your personal data has been misused or exposed can cause significant anxiety and stress, especially if it involves sensitive financial or medical information.
4. Unwanted Targeting
Excessive retention leads to invasive advertising and profiling. Consumers may feel manipulated when ads appear to “follow” them across platforms.
5. Legal Violations
In California, keeping or using data without proper consent often violates consumer protection laws such as the California Consumer Privacy Act (CCPA) or the California Privacy Rights Act (CPRA).
Your Rights Under California Data Privacy Laws
California Consumer Privacy Act (CCPA)
- Grants consumers the right to know what personal data is collected.
- Requires companies to disclose how they use and share information.
- Gives consumers the right to request deletion of their personal data.
- Allows individuals to opt out of data sales.
California Privacy Rights Act (CPRA)
- Expands the protections of the CCPA.
- Establishes the California Privacy Protection Agency to enforce compliance.
- Requires companies to minimize data collection and retention.
- Creates stricter rules for sensitive personal information such as health, biometric, and financial data.
When companies ignore these rules, they violate consumer rights and they can be held legally responsible.
When You May Have a Claim
You may have a claim if:
- Your data was stored long after you canceled an account or stopped using a service.
- A company shared or sold your data without your permission.
- You requested deletion of your personal information, but the company refused.
- You suffered harm because of a data breach tied to outdated or unnecessary records.
- Your sensitive data, such as financial or biometric details, was retained without clear consent.
Even if you haven’t experienced financial loss, the unlawful retention of your private information may still give rise to a claim.
Real-World Examples of Unfair Data Retention
- Social media platforms keeping deleted messages or photos long after users thought they were gone.
- E-commerce websites storing credit card numbers years after purchases were made.
- Ride-share apps holding detailed location histories of customers indefinitely.
- Health apps retaining sensitive medical or fitness data despite users closing accounts.
- Employers storing biometric fingerprints used for clocking in, even after employees leave the job.
These practices are more than inconveniences, they are violations of privacy rights.
How Malk & Pogo Law Group Helps
At Malk & Pogo, we fight to protect your privacy. Our attorneys understand the complex regulations surrounding consumer data and have the experience to take on corporations that exploit consumer trust.
Here’s how we help:
- Investigating claims: We dig into company practices and uncover how your data was mishandled.
- Proving violations: We build strong cases using expert analysis of privacy laws.
- Demanding accountability: We pursue financial compensation and push for changes in company practices.
- Protecting your rights: We ensure that your request for data deletion is respected and enforced.
Most importantly, we work on a contingency fee basis. You don’t pay us unless we win.
What To Do If You Suspect Data Misuse
If you believe your personal information has been unfairly retained:
- Request a data disclosure: Under California law, you can ask companies what data they’ve collected about you.
- Demand deletion: You have the right to request deletion of your information.
- Save records: Keep screenshots, emails, or letters showing how the company responded.
- Monitor for breaches: Watch for suspicious activity like unusual charges or phishing attempts.
- Contact an attorney: An experienced consumer protection lawyer can determine if you have a case.
Why Choose Malk & Pogo for Your Privacy Case
- Focused on consumer rights: We dedicate our practice to standing up against corporate misconduct.
- Experienced in California law: We know how to navigate the state’s complex privacy protections.
- Proven results: We’ve successfully taken on corporations in cases of unfair consumer practices.
- No upfront fees: We work on contingency, meaning you owe nothing unless we recover compensation for you.
Protecting Your Data, Protecting Your Rights
Your personal information is valuable. You have the right to decide who keeps it, how it’s used, and when it’s deleted. Unfair data retention practices take away that control.
At Malk & Pogo Law Group, we fight to give it back. If your data has been stored or shared without consent, don’t stay silent. Companies must be held accountable for violating consumer trust and California law.
Call us today for a free consultation. We don’t get paid unless we win your case.