Identity Theft

News & Analysis as of

Weekly Update from the State House - March 21, 2014: The House focused on "South Carolina Pain Capable Unborn Child Protection...

Details from Each Chamber: HOUSE - The House moved through the Calendar this week, focusing much of their time debating H. 4223, the "South Carolina Pain Capable Unborn Child Protection Act". The bill, which bans...more

Short Wins - The Aggravated Identity Theft, 18 U.S.C. § 1028A, And Stacking Edition

Aggravated identity theft - charged under 1028A - seems like it's getting more and more popular among federal prosecutors. It does come with massive leverage in plea negotiations; a conviction for a violation of 18 U.S.C. §...more

Undercover Competitor: Modell’s CEO Allegedly Masquerades as Dick’s Sporting Goods Executive, Taking Corporate Espionage to a New...

Dick’s Sporting Goods has sued Modell’s Sporting Goods and its prominent fourth-generation CEO, Mitchell Modell, claiming Modell brazenly visited a Dick’s retail location and impersonated a Dick’s executive to unlawfully gain...more

Some Things Better Left Unshared: Social Media and Medical Identity Theft

The Washington Post recently published an article reminding individuals not to tweet or otherwise share information concerning their medical conditions on social media, warning that disclosing such information publicly “is...more

FTC, PIRG complaint reports highlight consumer dissatisfaction with debt collection industry

The FTC released its annual Consumer Sentinel Network Data Book on February 27, 2014, providing national and state-by-state data on consumer complaints received by the FTC, all U.S. and Canadian Better Business Bureaus, the...more

Federal Reserve Board Proposes To Repeal Duplicative Regulations Amend Identity Theft Red Flags Rule

On February 12, the Federal Reserve Board proposed to repeal its Regulation DD, which implements the TISA, and Regulation P, which implements Section 504 of the GLBA because the Dodd-Frank Act transferred rulemaking authority...more

Avoid Identity Theft Tax Troubles

Anyone can become a victim of identity theft, and it can happen anywhere. Michael Stores, Neiman Marcus and Target are simply the latest merchants to report that customer information was stolen. While being a victim of...more

Federal Prosecution of Trade Secret Theft

Attorney General Eric Holder said, “There are only two categories of companies affected by trade secret theft: Those that know they’ve been compromised—and those that don’t know it yet.” According to former FBI Director...more

Lost Or Stolen: Liability For Unauthorized Credit Card Charges

On a brisk January day, Mary A. Richman opened her mailbox and was confronted with the sobering sight of thick envelopes from Visa, American Express and MasterCard each containing a month’s worth of extravagant Christmas...more

Week in Review - January 16, 2014

This week's headlines charged employers with preserving and protecting data in the workplace. This advice is timely given that this week is “Tax Identity Theft Awareness Week,” a time when employers are reminded to safeguard...more

Taking Precautions Against Medical Identity Theft

We recently reported that the number of cyber events involving the healthcare industry is expected to rise in 2014. The reliance on electronic medical records and the use of insurance exchanges increase efficiency but...more

On the 11th Day of Privacy, class counsel served on me……

. . . a data breach class action. Hackers and plaintiffs’ lawyers could combine to make 2014 the year when class actions concerning theft of sensitive information proliferate. On this 11th Day of Privacy, we look...more

Case Study of a CFPB Enforcement Action: In re JPMorgan Chase Bank, N.A.; and Chase Bank USA, N.A.

The Consumer Financial Protection Bureau (CFPB) brought an enforcement action against JPMorgan Chase Bank, N.A. and Chase Bank USA, N.A. (collectively, the Bank), pursuant to 12 U.S.C. §§ 5563 and 5565 with regard to their...more

Immigration Corner: Snapshots of Both Big Picture and Meaningful Small-Scale Developments in the World of Immigration

On November 18, 2013, E-Verify announced an enhancement to combat identity fraud. USCIS can now “lock out” social security numbers that appear to have been used fraudulently. Once locked out, “tentative non-confirmations”...more

New Security Enhancement to E-Verify Meant to Deter Identity Theft May Create Increased Bureaucracy for Employers

On November 18, 2013, the U.S. Citizenship and Immigration Services (USCIS) announced the implementation of a new program meant to help combat fraud and identity theft. The new E-Verify safeguard enables USCIS to “lock” a...more

Medical Identity Theft: New Recommendations By The California Attorney General To Health Care Organizations For Keeping Medical...

Unlike financial identity theft, which targets a victim’s financial health, medical identity theft threatens a victim’s very existence. The unauthorized access of a victim’s medical record not only grants the thief access to...more

The Challenges of Compliance

Compliance, like many other aspects of the business world, is a balance of risks. Unfortunately, it often takes an organization being rebuked in some fashion before it realizes the importance of failure to be in compliance. ...more

Little Harm, Big Damages: AvMed Settlement Could Change the Landscape for Privacy Breach Class Actions

On October 21, Florida-based health insurer AvMed, Inc. (AvMed) settled a data breach class action lawsuit for $3 million, even though no plaintiffs in the class demonstrated that they had suffered identity theft or any other...more

Short Wins - Overcriminalization And Prison Costs Head To Congress

Congress these days seems to have noticed that we have too many federal criminal laws - which is a good thing (the Congressional notice, less the excessive criminal laws). Last week, the House Judiciary Committee heard...more

Identity Theft in Georgia

Identify theft remains a very real threat in 2013, so much so that Georgia has made it a felony offense (Official Code of Georgia Annotated Section 6-9-121). If you don’t want your good name and reputation sullied by the...more

Reminder -- Compliance Date for Identity Theft Red Flags Rules is November 20, 2013

As a reminder, the Identity Theft Red Flags Rules jointly adopted by the SEC and CFTC, which took effect on May 20, 2013, have an upcoming compliance date of November 20, 2013. Under these rules, certain SEC and...more

Report From Counsel: Insights and Developments in the Law - Fall 2013

In this Issue: - Limited Liability Companies — The Best of All Worlds? - Employees Are Responsible for Beneficiary Designations - Protect Your Plastic - HOA Can Regulate Common Area -...more

Nevada Businessman Sentenced to Nine Years in Prison

Multiple outlets are reporting that on October 15, 2013, William Reed, a Nevada businessman, was sentenced to nine years in federal prison after pleading guilty to conspiracy to defraud the United States, tax evasion, and...more

Is Manitoba Set To Lead In Privacy Enforcement?

For the first time in nearly a decade, a province has enacted comprehensive private sector privacy legislation. Learning from the experiences federally and in the provinces of British Columbia and Alberta, Manitoba has...more

Canadian Privacy Law Update

The club of Canadian provinces with private-sector privacy legislation welcomes a new member this year: Manitoba has passed the The Personal Information Protection and Identity Theft Prevention Act (PIPITPA), joining B.C.,...more

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