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Willful Fair Credit Reporting Act Violation Confers Article III Standing

Whether they would admit it or not, most people have probably at some point searched for their own name in a search engine. Often the results illustrate how much personal information has been scraped and aggregated by...more

Socially Aware - Volume 5, Issue 1 - January/February 2014

In This Issue: FFIEC Issues Final Guidance on Social Media Usage by Financial Institutions; Uncovering a Line in the Sand: Employee Social Media Use and the NLRA; Website Operators Await Final Guidance Regarding...more

Fourth Circuit Court of Appeals Holds that Required Records Exception Trumps Fifth Amendment

On December 13, 2013, the Fourth Circuit Court of Appeals in United States v. Under Seal, 2013 U.S. App. LEXIS 24785 (4th Cir. Va. Dec. 13, 2013), held that the required records doctrine applies when the government subpoenas...more

Socially Aware: The Social Media Law Update -- Vol. 3, Issue 3 -- June 2012

In This Issue: Lawmakers Rush to Ban Employers From Demanding Facebook Passwords; California Provides Social Media Guidance for Financial Institutions; What’s Not to "Like"? Facebook Usage and the First Amendment; New...more

FTC, CFPB, DOJ File Brief in Suit Challenging FCRA Constitutionality

On May 8, the FTC announced that it had joined the CFPB and the DOJ to file a brief supporting the constitutionality of the Fair Credit Reporting Act (FCRA). The brief was filed in a lawsuit in the U.S. District Court for the...more

Financial Institution Facing New Lawsuit For Offshoring Call And Data Center Services

The offshore outsourcing of customer service call center and data center services to locations outside of the U.S. has become a fairly standard business practice in many industries. Now, a consumer class action lawsuit filed...more

Constraints On Calif. Credit Card Class Actions

Law360, New York (June 23, 2011) -- In the wake of Pineda v. Williams-Sonoma Stores Inc. (2011) 51 Cal. 4th 524, Divisions One and Five of California's Second Appellate District have published two opinions that put some...more

Special Report: California Supreme Court Announces State Law Prohibits Marketing Requests for ZIP Codes

In a case with major implications for retailers and marketers, the Supreme Court of California ruled on February 10, 2011 that state law prohibits businesses from requesting and recording ZIP codes from consumers prior to...more

California Supreme Court Holds that Zip Codes Constitute "Personal Identification Information" under the Song-Beverly Credit Card...

In Pineda v. Williams-Sonoma Stores Inc., 2011 Cal. LEXIS 1355 (February 10, 2011), the California Supreme Court addressed the issue of whether a person’s zip code constitutes “personal identification information” under the...more

North Carolina's Audit Practice Violates the First Amendment

On October 25, a U.S. District Court granted Amazon.com, LLC’s (Amazon) motion for summary judgment and held that the North Carolina Department of Revenue (Department) was not entitled to demand both product and customer...more

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