In this issue:
- Privacy and Data Security in Transactions: What's the Deal?
- Consumer and Financial Institution Class Actions Survive Motions to Dismiss in Target Data Breach Litigation
- California Amends Data Breach Notification Law and State Attorney General's Data Breach Report May Lead to More Changes
- EU Data Protection Regulators Issue Guidance on the Internet of Things and Device Fingerprinting
- The Better Business Bureau Keeps Promise of Vigorous Enforcement of Online Interest-Based Advertising Accountability Program
- COPPA Looms Large for Mobile Apps
- Consumer Financial Protection Bureau Issues Final Rule Regarding Online Annual Consumer Privacy Notices
- FCC Dives into Privacy and Data Security Enforcement
- Recent Executive Order to Push for Security of Consumer Financial Transactions, Identity Theft Remediation
- Excerpt from Consumer and Financial Institution Class Actions Survive Motions to Dismiss in Target Data Breach Litigation:
Cases brought by consumer plaintiffs following data breaches often have been dismissed because courts concluded that the plaintiffs failed to adequately allege sufficient harm to satisfy either Article III standing requirements or the required elements of an underlying cause of action, such as negligence or a violation of state consumer protection law. But on December 18, 2014, a federal court in Minnesota ruled that the consumer plaintiffs suing Target Corp. in the wake of its 2013 holiday-season data breach had alleged sufficient injury to satisfy both Article III standing requirements and the necessary elements of their underlying causes of action. As a result, the court denied the majority of Target's motion to dismiss the case.
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