URGENT: You Must Act Now to Protect Your Right to Sue Over the DOJ Data Leak!
To preserve your right to sue the DOJ for leaking your personal information, you should file a claim form right now. Doing this now will preserve your option to decide to sue later. Details below.
Several months ago, CRPA broke the news that the California DOJ leaked the private personal information of hundreds of thousands of gun owners. The CRPA team immediately started gathering information about the leak and researching possible legal remedies that could be used to hold Attorney General (AG) Bonta and the DOJ accountable for this outrageous mishandling of gun owners’ private and confidential information.
As we explored the potential legal pathways that could be used to hold the DOJ accountable, our researchers concluded that a class action was not viable because the damages from the leak could be so different among individuals.
Nonetheless, another 2A advocacy group rushed to file a class action against the DOJ over the leak, saying they would pursue claims against the DOJ for all victims of the leak. So, there was no urgent need to act at the time.
We’ve now been informed that the group that filed that class action has decided not to pursue it. Whatever their reason for this, it means that there is CURRENTLY NO CLASS ACTION in place that we are aware of.
This is an embarrassing political issue for AG Bonta, and DOJ’s taxpayer paid lawyers will do everything they can to protect AG Bonta from liability. DOJ will likely argue that before anyone can sue the AG they need to first file an administrative claim form with the state. This is called “exhausting administrative remedies.”
That means you need to decide NOW whether you MIGHT want to pursue a claim or lawsuit individually or take other action later.
While we do not think that an administrative claim being submitted is completely necessary in every case, the best way to avoid the expense of litigating this particular issue is to file the form. It is a simple form that can be found here: Government Claim Form. The fee for filing the form is $25.00, but submitting the form avoids a legal fight about your ability to sue later.
After you file the form, your claim will likely be rejected, or ignored. That’s okay. According to the California Courts website the government has 45 days to respond. If the government denies your claim during the 45-day period, then you have 6 months to file a lawsuit. If the government does not respond at all to your claim, you have 2 years to file a lawsuit against DOJ without running into this exhausting administrative remedies issue.
There is a limited amount of time to act! YOU NEED TO FILE AN ADMINISTRATIVE CLAIM FORM BY DECEMBER 20TH!
We encourage every gun owner affected by this data leak to file an administrative claim form right away. Flood the state with these forms for damages. SHARE this information with other gun owners.
This is not legal advice. Consider consulting an attorney to assist you with the claim form and/or to file a lawsuit. CRPA has released a detailed memo to help! In our memo, CRPA provides information about filing a lawsuit, and even a sample complaint from our lawsuit that anyone can review.