News & Analysis as of

Data Security Data Breach Credit Cards

Sheppard Mullin Richter & Hampton LLP

Graduation Goods Settlement: A Good Reminder of AGs’ Data Security Priorities

The New York and Pennsylvania AGs settlement with Herff Jones from late last year provides guidance to businesses about expected security measures as we enter into 2023. The case arose after Herff Jones, producer and seller...more

WilmerHale

$8 Million Multistate Settlement Resolves 2019 Data Breach Investigation

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State Attorneys General settle with Wawa, Inc. for 2019 data breach that compromised approximately 34 million payment cards used by consumers. On July 26, 2022, Acting New Jersey Attorney General Matthew J. Platkin...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #296 – Hackers Dump One Million Credit Cards for Sale on Dark Web

To establish credibility for their new criminal marketplace, cyber criminals have posted details on over 1,000,000 credit cards, stolen between 2018 and 2019, including card number, CVV number, name and address on the dark...more

Shook, Hardy & Bacon L.L.P.

The Eleventh U.S. Circuit Wades into the Data-Breach-Standing Debate

Last week, in a 26-page opinion, the 11th U.S. Circuit Court of Appeals weighed in on two questions crucial to the viability of privacy and data breach litigation in federal court—and perhaps even in general. First, does a...more

Sheppard Mullin Richter & Hampton LLP

Travel Giant Sabre Reaches Deal with State Attorneys General Over Data Breach

The travel giant Sabre Corp. has reached an agreement with multiple State Attorneys General to pay $2.4 million and make certain changes in its cybersecurity policies to settle a multi-state investigation into a 2017 data...more

The Volkov Law Group

Lessons Learned from the Capital One Data Breach (Part I of III)

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Not to say, I told you so, but around the same time that the Capital One data breach occurred, I was reminding clients that nearly half of  all significant data breaches or cyber-incidents occur because of internal actors. ...more

BakerHostetler

The Weekly Privacy Rewind

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Class Actions - Plaintiffs Seek Approval for $4.3 Million Settlement With Sonic in Credit Card Data Breach Suit • Following a variety of lawsuits against fast food chain Sonic Drive-In related to a 2017 credit card data...more

BCLP

Credit Card Breaches

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For most retailers credit cards are the primary form in which payments are made. Accepting credit cards, however, carries significant data security risks and potential legal liability. ...more

Kilpatrick

Seventh Circuit: the economic loss doctrine precludes tort claims between participants in a contractual network that allocates...

Kilpatrick on

Takeaway: Data breaches are now a fact of life, whether for card-carrying consumers or commercial entities that are either victims of hacking or otherwise required to deal with the consequences. Class action litigation often...more

Bowditch & Dewey

Equifax Breach: What Can the Hackers Do with Your Information and How Can You Protect Yourself?

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The Equifax breach is not the biggest in terms of the number of people affected (the 2016 Yahoo breach compromised data associated with over 500 million user accounts compared to the 143 million people affected by the Equifax...more

Mintz

Equifax Breach: Three Takeaways from the First Four Days

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On September 7, 2017, Equifax, one of the three large credit reporting bureaus, announced a cybersecurity incident impacting approximately 143 million U.S. consumers. According to Equifax, the breach occurred mid-May through...more

Patterson Belknap Webb & Tyler LLP

Cyber Briefing: Second “Envelope” Lawsuit Against Aetna, Yahoo to Answer for 1.5 Billion Hacked Accounts and Eighth Circuit...

As we head into the new week, here’s a quick summary of major data security developments from around the country. Aetna Hit With Second “Envelope” Lawsuit - Aetna Inc. is now facing a second lawsuit over the disclosure...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 13

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On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

McGuireWoods LLP

Eighth Circuit Undoes Target Data Breach Settlement Class

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The $10 million settlement class in the Target data breach case was unraveled by the Eighth Circuit Court of Appeals in a recent decision that will force the district court to address the impact of the Supreme Court’s...more

BCLP

Reduce Potential Liability for Data Security Breaches by Negotiating Coverage in Payment Processing Agreements

BCLP on

Credit cards are the primary form of payment received by most retailers. In order to process a credit card, a retailer must enter into an agreement with a bank and a payment processor. Payment processing agreements often have...more

Robinson+Cole Data Privacy + Security Insider

Over 3.1 Billion Records Breached So Far in 2016

The tally of records breached in 2016 (through November) globally was over 2.1 billion, according to IT Governance. With the announcement yesterday of Yahoo’s breach of another 1 billion records, that tally is now up to 3.1...more

Robins Kaplan LLP

New FTC Data Breach Response Guidelines

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Cybersecurity should always be at the top of any retailer’s priority list—and even more so as the holiday shopping season gets underway. To that end, the Federal Trade Commission’s newly-released Data Breach Response...more

King & Spalding

New York Attorney General Announces Settlement With Trump Hotel Over Two Data Security Incidents

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On September 23, 2016, New York Attorney General Eric T. Schneiderman announced a settlement with Trump International Hotels Management LLC, d/b/a Trump Hotel Collection (“THC”), imposing $50,000 in penalties and ongoing...more

Davis Wright Tremaine LLP

PCI DSS v. 3.2: New Requirements Coming to Protect Your Customers’ Wallets

The Payment Card Industry (PCI) Security Standards Council (PCI Council) released Version 3.2 of the PCI Data Security Standard (PCI DSS), containing several new requirements for merchants, acquirers, and other entities that...more

BCLP

How to Draft an Effective Data Breach Incident Response Plan

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The best way to handle any emergency is to be prepared. When it comes to data breaches, incident response plans are the first step organizations take to prepare. Furthermore, many organizations are required to maintain one....more

Sheppard Mullin Richter & Hampton LLP

Credit Card Theft Plaintiffs Discover Warm Home After 7th Circuit Rulings

One of the great scourges for retail companies in the digital age has been the ever-present threat of massive data breaches by hackers attempting to steal millions of consumers ’debit and credit card information. In...more

Bryan Cave Leighton Paisner

How to Select a Qualified Security Assessor (“QSA”)

Retailers that accept credit cards are typically required by the payment card brands to show that they are in compliance with the Payment Card Industry Data Security Standards or “PCI DSS” at least once a year. How a retailer...more

Kelley Drye & Warren LLP

FTC Requests Auditors’ Data on PCI Data Security Assessments

Earlier this week, the FTC issued orders to nine credit card and payment security auditors in an effort to gain insight into data security compliance auditing and its role in protecting consumers’ information and privacy....more

Robinson+Cole Data Privacy + Security Insider

Uber class action case hits roadblock

A California federal judge has ruled that a former Uber driver who is suing Uber in a proposed class action case was unable to show that he suffers an immediate threat of identity theft and dismissed the driver’s first...more

Perkins Coie

Could a Vendor’s Lax Info Security Ruin Your Holiday Sales? Seven Preventative Steps for Retailers

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Many of the largest retailer data security breaches have been caused or enabled by the acts or omissions of retailers’ vendors, such as the widely publicized incident at Target Corporation. Several such breaches occurred...more

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