Consumer Finance Monitor Podcast Episode: Responding to Direct and Indirect Identity Theft Disputes Under the FCRA: What Are The Differences?
Torres Talks Trade Podcast Episode 9 on U.S. Customs and Border Protection's Global Business Identifier program
Phishing: Cybersecurity’s Biggest Threat
Digging Deeper, Episode 1: The Con Queen of Hollywood
Preserving Black History in Bucks County, PA, with Recorder of Deeds Robin Robinson: On Record PR
What is Consumer Fraud and What Deceptions are Employed?
What Companies Should Do to Prepare for Implementation of Cybersecurity Executive Order
CYBERSECURITY - Twilio Hit with Social Engineering Smishing Scheme - We’ve explained smishing schemes before. Smishing is like phishing, but uses SMS texting to deliver malicious code to users’ phones, or tricks the user...more
ACTS Retirement Services, Inc. (ACTS), a non-profit corporation that manages retirement communities, suffered a data breach in April 2022, which led to unauthorized access to thousands of current and former employees’...more
Last week, Mediant Communications Inc. (Mediant) settled a class action lawsuit in the U.S. District Court for the Southern District of New York stemming from a 2019 data breach in which hackers accessed 200,000 individuals’...more
Artech Information Systems settled a data breach class action this week for an incident that occurred in January 2020. Artech will pay up to $10,000 to each individual affected by the breach, based on a tiered payment system....more
In McMorris v. Carlos Lopez & Associates, LLC, a data breach case, the Second Circuit held that plaintiffs may demonstrate standing based on a theory of “increased risk” of future identity theft or fraud following an...more
A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...more
Is there standing to bring a lawsuit when an employee’s personal information is mistakenly circulated to all employees at the company? A recent decision addressed exactly this question. In McMorris v. Carlos Lopez &...more
On April 26, 2021, the Second Circuit Court of Appeals decided the case of McMorris v. Carlos Lopez & Assocs., No. 19-4310, 2021 WL 1603808 (2d Cir. Apr. 26, 2021) and addressed one of the most critical issues in private data...more
The 11th Circuit recently weighed in on the hottest issue is data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Joining several other circuit courts, the 11th Circuit in Tsao...more
In early November, we wrote about a new Eleventh Circuit decision on Article III standing law which directly held that it was not enough to allege a statutory violation and instead there must be a concrete injury to sustain...more
The Editors' Note - Welcome to the second issue of Decoded, Spilman's e-newsletter focusing on technology law, including data security, privacy standards, financing technologies, and digital-based means of conducting...more
Biometric privacy continues to be a hot-button topic in the United States, and internationally, with states continuing to join the wave of strict consumer biometric data protection laws. In an effort to avoid costly class...more
The Georgia Supreme Court may weigh in on the hot issue plaguing data breach class action litigation across the nation, must a data breach victim suffer actual financial loss to recover damages, or is the threat of future...more
Many readers have reached out to learn about the Capital One data breach and how it affects us. If you haven’t been watching the story unfold as closely as I have, here is a summary of what happened, what information was...more
Last Friday we blogged on the Saks data breach class action, and in the process mentioned a trend among federal courts to reject fear of future identity theft claims in retail breach cases. ...more
Community Health System, one of the largest health systems in the United States, has agreed to pay $4,500,000 to settle claims made against it arising from a 2014 data breach. The data breach, believed to be caused by malware...more
The Pennsylvania Supreme Court recently held that employers have “a legal duty to safeguard” the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine...more
Google has announced plans to shutter Google Plus, its “floundering answer to Facebook,” following the discovery of a security vulnerability that “exposed the private data of up to 500,000 users of the service.” Google...more
Consumer data breach class actions, for all of their popularity on dockets and especially in headlines, can make difficult cases for plaintiffs. Issues like standing and damages often keep these cases from getting off the...more
Over the past few years, there has been a surge in class actions challenging companies’ privacy and data security practices. But, while the number of class actions continues to grow, the suits face several significant...more
The Fourth Circuit’s 2017 decision in Beck v. McDonald held that the mere fear of identity theft in the wake of a data breach was insufficient to confer Article III standing. ...more
The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...more
By now, you’ve surely been warned of so-called “phishing” e-mails. The failure to heed such warnings may become more costly for North Carolina employers. According to a recent federal court decision, an employee who is...more
Data breaches have become commonplace. Despite the best efforts of many, identity thieves and hackers always seem to find a new vulnerability somewhere in the system of virtually every company that conducts business online....more
On March 8, a Ninth Circuit panel held that fear of identity theft in the wake of a data breach satisfies the standing requirements of Article III of the United States Constitution....more