Phishing Threats and Class Action Lawsuits: The Cyber Risks Facing Small Businesses

Today’s phishing scams are not only disrupting operations — they’re also triggering class action lawsuits against smaller companies.

Published on May 9, 2025

Cyber Security Ransomware Email Phishing Encrypted Technology, Digital Information Protected Secured

As cyberattacks grow in speed, sophistication, and scale, small and medium-sized enterprises (SMEs) are increasingly vulnerable to the same threats once thought to only impact large corporations. The risk environment has changed, and today’s phishing scams are not only disrupting operations — they’re also triggering class action lawsuits against smaller companies.

Rising Costs of Cyberattacks on SMEs

The 2023 IBM Cost of a Data Breach Report reveals that organizations with fewer than 500 employees now face an average breach cost of $3.31 million. This marks a 13.4% increase from the previous year, underscoring the rising financial toll on SMEs. While phishing remains the most common entry point, its consequences have expanded beyond downtime, including regulatory penalties and legal action.

The Human Factor and Awareness Gap

Patricia Kocsondy, head of global cyber digital risks at Beazley, notes that the primary issue isn’t attack frequency—it’s preparedness. Small businesses face the same cybersecurity risks as larger enterprises but without the same infrastructure or resources. Human error continues to be a significant vulnerability, particularly among employees who click on malicious links in phishing emails. This lack of awareness and training is contributing to the frequency of claims.

Third-Party Risk and Supply Chain Exposure

SMEs are also susceptible to third-party breaches. Many cyber incidents originate from vulnerabilities in digital supply chains. According to Kocsondy, more than half of claims stem from third-party risks. When key suppliers or vendors are compromised, their clients often become the true victims. This interconnected risk landscape increases the blast radius of a single breach, impacting multiple businesses downstream.

Cyber Insurance as a Support System

Beyond traditional coverage, cyber insurance offers SMEs a suite of support services, from real-time alerts and patching guidance to breach containment and response. Larger organizations typically rely on in-house information security teams, but SMEs often lack such resources. Insurance providers are stepping in to fill this gap by offering education and hands-on assistance throughout the incident lifecycle.

Efficient claims management within tight policy limits is essential for SMEs. Insurance carriers must deliver sophisticated support to ensure clients can recover without exceeding their coverage. For many small businesses, a single cyber incident poses a potential existential threat, making proactive support a critical factor in survival.

Regulatory Complexities and Accessibility Barriers

Global regulatory frameworks add another layer of complexity. Companies must navigate varied obligations depending on jurisdiction. In the U.S., legal exposure is high due to frequent litigation, while the European Union presents a patchwork of compliance requirements.

For many SMEs, cost and lack of awareness are significant barriers to adopting cyber insurance. Without brokers or advisors, businesses may struggle to identify reputable insurers or understand the scope of available protective services. This gap in knowledge contributes to underinsurance and missed opportunities for risk mitigation.

Conclusion

The cyber threat landscape continues to expand, with risks evolving unpredictably. SMEs are increasingly in the crosshairs, facing not only direct attacks but also the fallout from upstream breaches. As class actions emerge from relatively small incidents, the need for training, awareness, and comprehensive insurance coverage has never been greater. Addressing the infrastructure and knowledge gaps can be a decisive factor in maintaining business continuity and resilience.

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