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Recent Lawsuit Highlights the Importance of Fair Credit Reporting Act Compliance

As discussed in a previous blog post, the Fair Credit Reporting Act (“FCRA”) expressly requires employers to provide applicants with a stand-alone disclosure and authorization form prior to obtaining a background check. This...more

In with the New: 2014 Privacy, Advertising and Digital Media Predictions

Data privacy and security made the headlines practically daily in 2013. Our second annual Privacy and Data Protection 2013 Year in Review topped 65 pages! What privacy, advertising and digital media trends will make...more

Set Your “Target” on Data Security in 2014

Target Corp.’s data breach has been big news this holiday season, with as many as 40 million holiday shoppers across the nation exposed to potential credit and debit card fraud. According to the Identity Theft Resource...more

The HIPAA Gap Between Employers And Employees

“…HIPAA does not create a duty on the part of employers to protect employees from computer-virus related injuries” This quote, from the Farr v. St. Francis Hosp. & Health Centers case in the Southern District of Indiana,...more

Business Law Newsletter - September 2013

In This Issue: - Proactive Steps to Protect Trade Secrets - Finding a Safe Path to Following the FCC’s Newest Consumer Privacy Directives - A Tactical Approach to Defending Virginia Non-Competes - Excerpt...more

Privacy Monday - July 1st, 2013

Privacy Tidbits to start your week - The Risk-Benefit Analysis of BYOD: As we have written in the past, the proliferation of the “bring your own device” (BYOD) trend is a high-wire balancing act for IT and...more

Busy at Work: California Legislature Addressing Data Privacy Concerns with Data Privacy Law

The California legislature is busily at work, staying at the forefront with the development of data privacy laws. More than 15 bills related to data privacy concerns are currently making their way through the legislature, and...more

Advertising Law -- Apr 18, 2013

In This Issue: No Rest for the NAD, As it Decides Multiple Mattress Disputes; Fur Sure? Retailers Make Faux Faux Fur Claims; Got Settlement? Muscle Milk Suit Settles for $5.3 Million; TCPA Class Actions Prohibited in New...more

Is Equifax Selling Your Salary Information?

According to a recent NBC News report, Equifax, one of the three largest American credit reporting agencies, has assembled an enormous database containing employment and salary information for more than 190 million U.S....more

New Year, New FCRA Forms

Do you use a third party service to conduct background checks on job applicants or employees? If yes, then you should take note of new forms which employers are required to use for this purpose, effective January 1, 2013. ...more

K-Mart to Pay $3M to settle Background Screening Claim

K-Mart, the mega retailer known for its blue light specials, is paying out $3 million to settle a class action suit for alleged background screening violations. The suit was settled in mediation, and if approved, it will...more

Criminal Background Checks? The FTC Knows There’s an App for That

As we cautioned in a September post, the FTC is stepping up enforcement actions against mobile app developers for failure to comply with consumer protection principles. This month, the FTC took another major step in that...more

What Employers Need to Know About New York’s Beefed-Up Social Security Number Protection Law

New York Governor Andrew Cuomo recently signed an amendment to the state’s Social Security Number Protection Law. The amendment — which is designed to strengthen consumer privacy and protect against identify theft — became...more

FTC Expands FCRA Coverage to Mobile Industry – Employers Beware

The Federal Trade Commission ("FTC") recently extended the reach of the Fair Credit Reporting Act ("FCRA") to the mobile industry by means of a consent order, settling its complaint that alleged Respondents Filiquarian...more

Mortgage Banking Update - December 14, 2012

In This Issue: - CFPB Monitor Named to the ABA Journal Annual Blawg 100 List - Temporary CONGRESS PASSES LEGISLATION TO FIX CFPB PRIVILEGE WAIVER PROBLEM - CFPB DESCRIBES PLANS FOR COORDINATING WITH STATE...more

New York Enhances Employee and Consumer Privacy Rights Under its Social Security Number Protection Law

Four years ago, New York enacted a Social Security Number Protection Law, N.Y. Gen. Bus. Law, §399-dd, aimed at combating identity theft by requiring employers to better safeguard employee social security numbers in their...more

FTC Settles FCRA Enforcement Action against Employment Background Screening Company

The Federal Trade Commission announced on August 8, 2012, that it had settled an enforcement action filed against an employment background screening company. The action demonstrates that the FTC still intends to vigorously...more

Fair Credit Reporting Act Is Applied to Data Broker Selling Personal Information Gleaned from Social Media for Employment...

In what the Federal Trade Commission (“FTC”) touts as “the first Commission case to address the sale of Internet and social media data in the employment screening context,” Spokeo, an on-line data broker, has agreed to settle...more

Advertising Law -- June 21, 2012

In This Issue: Status Update: Facebook Seeks to Add Children; NLRB Speaks Again on Social Media; The Happiest – and Healthiest? – Place on Earth; NYC Considering Ban on Large, Sugary Drinks; Microsoft’s IE 10 Will...more

Update: Spokeo Settles with the FTC for $800,000

Today marks a first for the FTC, which announced a settlement with Spokeo to the tune of $800,000. This is the first case of it's kind, involving the investigation of a web-based search engine by the FTC, resulting in a big...more

Spokeo: Back on the Hot Seat in the 9th Circuit

So what is a site like Spokeo? A CRA? A data broker? Just a search engine? None of the above? The 9th Circuit is being ask to revive a case alleging that the site is used by employers to conduct background checks, and...more

Massachusetts’ Data Security Regulation: Important Deadline Approaching

The deadline for compliance with a key requirement of the Massachusetts Data Security Regulation, 201 CMR 17.00 et seq. (the “Regulation”) is less than a month away. The Regulation requires that by March 1,...more

EPIC, ACLU, EFF, and Others Urge Homeland Security to Stop Creation of National Identity System

EPIC and a coalition of privacy, consumer rights, and civil rights organizations filed a statement to the Department of Homeland Security in opposition to the proposed expansion of the employment verification system,...more

Is Your Company's Social Media Launch Ahead Of Its Compliance Program

Many businesses are still coasting along enjoying the marketing advantages of social media without making sure they have a good compliance program in place. For every company with a Facebook fan page or Twitter account...more

Dramatic Increases In HIPAA Privacy And Security Enforcement

Health and Human Services' (HHS) Office for Civil Rights (OCR) has sent a strong message about its commitment to enforcement of the HIPAA Privacy and Security Rules by announcing two HIPAA Privacy Rule enforcements within one...more

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