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Seventh Circuit (Again) Finds Consumers Have Standing To Sue Over Data Breaches

On April 14, 2016, the Seventh Circuit held in Lewart v. P.F. Chang’s that customers who may have had personal information compromised in a P.F. Chang’s data breach have standing, at the motion-to-dismiss stage, to sue the...more

CFPB Steps Up Scrutiny of FinTech Companies

On March 7, 2016, the Consumer Financial Protection Bureau (CFPB) announced that it will begin collecting complaints from consumers about online marketplace lenders, signaling its intention to increasingly regulate the...more

TCPA Exemption for Collection of Federal Debts Applies Retroactively, CA Federal Court Rules

The new Telephone Consumer Protection Act (TCPA) exemption for calls made to cellular numbers to collect debts owed to or guaranteed by the United States applies retroactively to calls made before the exemption's effective...more

2016 Data Breach Litigation Report

Data security breaches – and data security breach litigation – dominated the headlines in 2015 and continue to do so in 2016. Continuous widely publicized breaches have led to 30,000 articles a month being published that...more

Following its Settlement with Wyndham, the FTC Launches Wide Scale Inquiry Into PCI Compliance Audits

In December 2015, the Federal Trade Commission (FTC) settled a drawn-out civil action it brought against Wyndham Worldwide Corporation (Wyndham) for multiple data breaches involving cardholder data (i.e., information on...more

Financial Services Weekly News - March 2016

Regulatory Developments - CFPB Now Accepting Complaints on Online Marketplace Lenders - On March 7, the Consumer Financial Protection Bureau (CFPB) announced two initiatives: it will now accept complaints from...more

CFPB Takes First Action Against Company for Lax Data Security Practices

The Consumer Financial Protection Bureau (“CFPB”) has announced its first data security enforcement action. On Wednesday (March 2), the CFPB released a consent order against Dwolla, an online payment platform company,...more

Beware of Violating Patient Privacy Laws in Bankruptcy Claim Filings

Recent court filings highlight the need for health care providers to protect patient privacy by implementing specific procedures when filing claims in bankruptcy cases of their patients, as a matter of federal bankruptcy and...more

Data Breach Class Action Against SuperValu Doesn’t Check Out

The data breach class action lawsuit filed against grocery store retail chain SuperValu Inc. (“SuperValu”) was put on the shelf by the U.S. District Court for the District of Minnesota on January 7, 2016. The plaintiffs...more

Financial Services Weekly News - February 2015 #2

Regulatory Developments - CFPB Announces Steps to Improve Checking Account Access - On Feb. 3, the CFPB announced that it was taking three steps to expand checking account access to the approximately 10 million...more

The Seventh Circuit Revisits Standing for Data Breach Class Actions

One obstacle for named plaintiffs in proposed data breach class actions is the extent to which plaintiffs must allege an injury-in-fact to have standing. Disputes often arise about whether proactive efforts to mitigate...more

Your daily dose of financial news The Brief – 1.21.16

Remember that oil spill on the markets from yesterday? We’re heading into Exxon Valdez territory here, even with a late-day rally on Wall Street that helped somewhat stem monumental losses – NYTimes... The Upshot’s...more

Consumer Bankers Association, Chamber of Commerce Join Challenge to FCC TCPA Ruling

The Consumer Bankers Association (CBA) and United States Chamber of Commerce (USCC) have joined the legal challenge to the Federal Communications Commission’s July declaratory ruling and order. The Order responded to 21...more

5 Big Developments in Privacy Class Actions in 2015, and 3 to Look for in 2016

The burgeoning area of privacy class action litigation showed no signs of slowing down in 2015. Here are some of the most significant developments from the past year, as well as some things to watch for in the coming year....more

Target Settles Data Breach Class Action Suit With Banks For $39 Million

Target has agreed to a $39 million settlement in a class action suit with several U.S. banks stemming from Target’s massive 2013 data breach. That data breach affected customers who shopped at U.S. Target stores between...more

Target Agrees to $39 Million Settlement with Credit Card Issuers’ Data Breach Claims

Still recovering from its 2013 data breach, Target Corp. agreed to a $39 million settlement with a class of banks suing the well-known retailer, marking the settlement as the first class-wide data breach pact ever reached on...more

Target and Card Issuers Reach Final Data Breach Settlement

Two years after the massive holiday season theft of customers’ payment card data from Target point of sale terminals, the Target data breach litigation appears to be entering its final act. On Tuesday, December 1, Target...more

Ballard Spahr Represents Credit Unions in Amicus Brief Challenging FCC TCPA Order

In the case of ACA International v. Federal Communications Commission and United States of America, Ballard Spahr LLP represented the Credit Union National Association (CUNA) in filing a joint amici brief with the American...more

District Court Grants Final Approval In Target Consumer Data Breach Class Action

On November 17, 2015, the federal district court overseeing the Target data breach litigation granted final approval to the consumer class action arising out of the 2013 Target data breach. The court certified, for final...more

Supreme Court Hears Argument in Spokeo, a Case That Could Impact Many Statutory-Damages Class Actions

Article III of the U.S. Constitution extends the federal judicial power only to “Cases” and “Controversies.” The Supreme Court has long held that no case or controversy exists unless the party invoking federal jurisdiction...more

Supreme Court Conducts Oral Argument On Spokeo Case

On November 2, 2015, the United States Supreme Court conducted oral argument in a case that will decide the question of whether violation of a statute alone, without other “concrete” injury, can give a plaintiff access to...more

Supreme Court Hears Oral Argument In Spokeo

Last Monday, the Supreme Court heard argument in Spokeo, Inc. v. Robins, one of this Term’s closest-watched cases, especially in the data-privacy field. While attempting to “read the tea leaves” from oral argument can be...more

The Supreme Court Preview, Part III: A Couple Spare Parts

While the Court’s review of bedrock principles of class action litigation and the continuing struggle to enforce arbitration clauses in the face of hostile state law are two important topics to watch, they are not the only...more

Federal district court issues ruling on confidentiality in CFPB investigations

The D.C. federal district court recently ruled that the plaintiffs’ names should be redacted in all documents filed in a lawsuit against the CFPB initiated by the plaintiffs. The plaintiffs are a group of businesses and an...more

U.S. Supreme Court Ponders Whether an Unaccepted Rule 68 Offer Can Moot a Plaintiff’s Claims as It Hears Argument in Gomez

The U.S. Supreme Court heard oral argument in Campbell-Ewald Co. v. Gomez on October 14, 2015, an important case presenting the question of whether a defendant can defeat a class action by offering complete individual relief...more

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