Consumer Protection Civil Remedies Privacy

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:
News & Analysis as of

Massachusetts Fines Bank for Data Breach

On December 8, a large bank settled with the state of Massachusetts for $825,000 over a data breach that exposed the personal information of at least 260,000 customers. In March 2012, the bank allegedly lost unencrypted...more

Right to privacy still tentative in Japan

The Tokyo District Court has ruled in the case of a plaintiff who claimed his privacy rights had been violated because Google search engine results of his name included news articles suggesting he had a criminal past....more

Grand Theft PHI – Are Vendors Putting You at Risk for a HIPAA Breach?

Your vendor’s employee goes home after a long day of collecting wellness questionnaires and biometric screening results only to wake up the next day to discover that her car has been stolen from her driveway. As you can...more

Storing IP addresses – German referal to the ECJ

(Decision of 28 October 2014, VI ZR 135/13) - The German Federal Supreme Court had to decide whether the Federal Republic of Germany may save the IP address of a visitor to their websites beyond the termination of the...more

Advertising Law - November 2014 #2

Shhhhh…Whisper Faces Lawmaker Scrutiny Over Privacy Claims - Just how safe is the purported “safest place on the Internet”?: Sen. Jay Rockefeller (D-W.Va.) wants to find out. The Chair of the Senate Committee on...more

FTC Challenges Privacy Self-Regulation Offered by TRUSTe

The Federal Trade Commission (FTC) recently announced an enforcement action against TRUSTe, a provider of privacy certifications for online businesses. The settlement resolves allegations that TRUSTe deceived consumers about...more

FTC Settles With Debt Broker That Posted Consumer Financial Information

The Federal Trade Commission (“FTC”) has settled a complaint against consumer debt broker Bayview Solutions, LLC, as well as its principal, Aron Tomko, based on allegations that they had publicly disclosed the personal...more

Publix to Pay $6.8 Million for Alleged FCRA Violations

Publix Super Markets Inc. has agreed to pay $6.8 million to settle a class-action lawsuit over the supermarket chain’s background check procedures. Under the Fair Credit Reporting Act (FCRA), employers must provide prior...more

Bank to Make $850,000 Payout for 2012 Data Breach

A major national bank will pay $850,000 for allowing a data breach to compromise the personal information of 260,000 of its customers. Nine states — Connecticut, Florida, Maine, Maryland, New Jersey, New York, North Carolina,...more

Judge Posner’s Scathing Critique of a Proposed Coupon Settlement

The topic of potential self-dealing in class action settlements has been written about extensively. While class counsel may be fully aligned with the class in seeking to maximize the settlement, their interests diverge...more

The FCC Moves To Expand Its Data Security Regulatory Reach - The FCC fines two telecommunications companies $10 million—and faces...

On October 24, 2014, the Federal Communications Commission (FCC) levied a $10 million fine against two telecommunications companies that allegedly stored unencrypted personally identifiable customer data online with no...more

Data protection damages have to be proven

Data protection breaches do not entitle per se to claim damages that damages have to be proven by the plaintiff according to the Italian Supreme Court....more

California District Court Finds Threat of Future Harm Sufficient to Confer Article III Standing in Data Breach Action

In a departure from the mounting body of case law finding that the “increased risk of future harm” is insufficient to confer Article III standing on victims of a data breach, the U.S. District Court for the Northern District...more

Breaking News: The COPPA Enforcement Actions Are Here!

As we predicted in prior blog posts, the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on. The Commission just announced ...more

Capital One to Pay Largest TCPA Settlement on Record

Capital One Financial Corp. (“Capital One”) and three collection agencies have agreed to pay one of the largest settlement amounts in history — $75.5 million — to end a consolidated class action lawsuit alleging that the...more

Recording Calls? Five Things You Can Do to Avoid the Litigation Frenzy

Restaurant chain Applebee’s has joined other businesses such as Overstock.com, Hilton, Capitol One, and Bass Pro Shops as defendants in purported class action lawsuits alleging that they illegally recorded calls to or from...more

UPDATE: Germany to Tighten Data Protection Laws: Consumer Protection Associations and Trade Associations shall be Granted Right to...

As contemplated in the Newsflash in March 2014, the German Federal Ministry of Justice in June 2014 finally presented the new draft bill that allows consumer protection associations as well as trade associations to take...more

Delaware's New Data Destruction Law Takes Effect January 1, 2015

Delaware House Bill 295 was signed into law on July 1. The law provides that if a commercial entity seeks to dispose of records containing consumers' personal identifying information, the commercial entity must take...more

The Next Generation of Data Breach Notice Law — Florida’s Information Protection Act of 2014

In a harbinger of data-breach-laws to come, the Florida State Legislature just passed a new Florida Information Protection Act, which establishes tough new notification requirements for businesses and governmental entities....more

Advertising Law - May 2014

W3C Reaches Milestone: “Do Not Track” Specification Set - The road to establish an industry standard for Do Not Track has been long and winding. Last year, efforts at consensus stalled, grinding the work of the...more

Germany to Tighten Data Protection Laws: Consumer Protection Associations shall be Granted Right to take Businesses to Court

Germany's data protection laws, already known as one of the strictest in the world, are facing an even stricter approach when Federal Minister of Justice Heiko Maas on February 11, 2014 announced a new draft bill that would...more

Damages Issues Again Thwart the Bulk of Plaintiffs’ Claims in the PlayStation Network Data Breach Class Action

In the latest chapter in the Sony PlayStation Network (“PSN”) data breach saga, a decision that issued on January 21, 2014 permanently dismissed all but a handful of the class action claims advanced in a 51 count complaint. ...more

Fear FACTA: Beware the Truncation Requirement of the Fair and Accurate Credit Transactions Act

All businesses, large and small, that issue electronically generated credit or debit card receipts to consumers at the point of transaction are subject to the “truncation” requirement of the Fair and Accurate Credit...more

U.K. Court of Appeal’s Award of Compensation for Distress to an Individual Following a Breach of the Data Protection Act: Opening...

Whilst regulatory action by the U.K. Information Commissioner’s Of?ce (‘‘ICO’’) is relatively commonplace and well reported following data breaches, particularly since the ICO was granted powers to issue on the spot ?nes for...more

Does The SCOTUS "Like" Cy Pres Distributions In Class Action Settlements?

On November 4, 2013, the Supreme Court of the United States declined to review the Ninth Circuit’s approval of Facebook’s $9.5 million privacy class action settlement, which, with the exception of attorneys’ fees and “modest...more

87 Results
|
View per page
Page: of 4

Follow Consumer Protection Updates on: