Identity Theft

News & Analysis as of

FCC Accepting Comments on ABA Petition to Exempt Data Breach Notification Requirements from the TCPA

On November 6, 2014, the Federal Communications Commission (“FCC”) issued a Public Notice requesting comments on a petition by the American Bankers Association (“ABA”) to exempt informational calls and texts to mobile devices...more

FCC Seeks Comments on Request to Exempt Fraud and Identity Theft Notifications from TCPA’s Coverage

The Federal Communications Commission (FCC) is seeking input on the American Bankers Association’s (ABA) petition requesting that the FCC exempt certain time-sensitive informational notifications from the Telephone Consumer...more

California Expands Data Breach Law

On September 30, 2014, California Governor Jerry Brown signed into law AB 1710, a bill which expands California’s existing data breach laws. As we discuss in further detail below, the new laws introduce substantive...more

Tax Identity Verification Letter Could Mean Fraud: A Checklist of What To Do

Did you receive a letter from the IRS (specifically LTR 5071C) or a letter from the Ohio Department of Taxation asking you to verify your identity or suggesting you may be a victim of identity theft? If so, you’re not alone....more

’Tis the Season for Data Breaches, Identity Theft

As U.S. consumers head into the shopping season – the weather is getting cooler, and the holidays are getting closer – it is a good idea to take extra precautions to protect bank accounts, credit cards and personal identity....more

FCC Proposes $10 Million Forfeiture for Privacy Violations

On October 24, 2014, the Federal Communications Commission (FCC) proposed a $10 million forfeiture penalty against TerraCom, Inc. (TerraCom) and YourTel America, Inc. (YourTel) (collectively, the Corporations) for alleged...more

New Executive Order Seeks to Improve Security of Consumer Financial Transactions

The Obama Administration is taking new steps aimed at improving the security of consumer financial transactions. Specifically recognizing that identity crimes, including credit card fraud, are a risk to U.S. economic...more

Administration and SIFMA Announce New Steps to Make Financial Data More Secure

On October 17, 2014, President Obama directed the federal government to take steps to improve the security of financial transactions in the United States. As part of the “BuySecure” Initiative, the President pledged a...more

Obama Takes on Fraud - and how you can too

Does the Secret Service let identity thieves through the door too? That might have been the question Barack Obama was asking himself when his credit card was declined recently after having a nice dinner in New York...more

Chip-and-PIN is Coming…To the US Government

Last Friday, in the wake of numerous data breaches, President Obama signed a new Executive Order that will change how federal agencies use payment cards and allow access to certain government portals. Those changes include...more

The Effect of California's New Privacy Laws on Your Company

California Governor Jerry Brown signed into law on September 30, three amendments to California's privacy laws of which every business must be aware. The amendments to the Civil Code (i) significantly broaden the scope of...more

Breaking Old Ground: California Again Amends Breach Law

Not to be outdone by Florida, California has yet again amended its breach law and again in groundbreaking (yet confusing) fashion. On September 30, 2014, California Governor Brown signed into law a bill (“AB 1710”) that...more

California Privacy Laws Change: Identity Theft Prevention and Mitigation Services

Continuing the trend of changes in state breach notification and related laws, Cal. A.B. 1710 amends California's breach notification, security procedures, and Social Security number (SSN) laws in the wake of significant data...more

Third Quarter 2014: States Expanding Data Breach Notification Requirements

California, Florida, Kentucky, and Iowa have changed their security breach notification requirements in the past few months: California passed legislation effective January 1, 2015, that for the first time, addresses...more

California Passes New Law Protecting Consumers From Data Breaches

On September 30, 2014, Governor Jerry Brown signed Assembly Bill 1710, authored by Assembly Members Roger Dickinson (D-Sacramento) and Bob Wieckowski (D-Fremont). AB 1710 enhances consumer protections by strengthening the...more

California Passes New Data Breach Laws: Requirement to Offer Identity Theft Protection at No Cost, New Duties Imposed on...

California added new provisions to its data breach law on October 1 by signing Bill AB 1710 into law. The amendment to California’s Civil Code (1) requires entities that experience a data breach to provide identity theft...more

IRS Issues FATCA Fraud Alert

As part of its continuing efforts to combat the serious problem of identity theft, the Internal Revenue Service warned today that fraudsters have expanded their widening schemes to obtain identity information to foreign...more

Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 2, Summer 2014

In This Issue: - Are Offers Of Free Credit Monitoring About To Become Mandatory In Data Breach Incidents? - Mandatory “Made-In” Labeling in the EU - A New Dawn for California Class Actions - Recent...more

Data Breach Litigation – A New Wave of Class Actions by Financial Institutions

Rarely does a day go by without news of a data security breach. According to the Identify Theft Resource Center, there have been a total of 447 data breaches to date this year, which represents a 20.5% increase over the same...more

From Russia With Love: ‘Do svidaniya’ Peace Of Mind, Hello Information Security Training

So, this is rather embarrassing to admit, but I am one of those people that knows exactly what to do when your personal information is stolen. It’s not embarrassing that I know what to do. It’s embarrassing why I know what to...more

How can you avoid identity theft?

Getting charged for $1000 worth of electronics that you didn’t buy. Seeing your credit score plummet for seemingly no reason. These types of scenarios are potential nightmares for most of us, but they seem unlikely...more

A Whistleblower Hotline can protect against medical identity theft

Last year, medical identity theft affected nearly two million Americans - 32% more than the year before. This is a staggering number! And considering that today, medical identity theft accounts for 43% of all identity theft...more

Florida Introduces Stringent Obligations with New Data Breach Law

In the wake of increasing pressure due to data breaches, Florida is introducing a stringent new data breach law to protect its residents from identity theft and financial harm. The new Florida Information Protection Act of...more

The IRS will not flag, identify or otherwise note a SSN that may be subject to identity theft and subsequent tax fraud. Go figure....

Nearly every day there’s another news story about another company suffering a data breach, either as a result of a lost or stolen device or because the company was hacked. Talk to any number of knowledgeable attorneys skilled...more

FTC Uses Its "Unfair Acts" Power to Go After PHI Security Breach

The Federal Trade Commission (FTC) is moving forward with an administrative action against a small medical laboratory that suffered two data security breaches, resulting in its patients’ protected health information falling...more

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