Identity Theft Data Breach

News & Analysis as of

State Law Roundup: Legislatures Across the U.S. Revamp Data Breach Notification Laws

As the number of highly publicized data breaches continues to skyrocket and proposals for a federal data breach notification law stagnate, state legislatures around the country have been busy amending their own breach...more

Seventh Circuit Concludes Plaintiffs Have Standing to Sue in Data Breach Class Action

On July 20, 2015, the U.S. Court of Appeals for the Seventh Circuit held in Remijas v. Neiman Marcus Group that injuries associated with resolving fraudulent charges and protecting oneself against future identity theft after...more

Seventh Circuit overturns Neiman Marcus data breach class action dismissal

In an unusual turn for recent data breach class action cases, the Seventh Circuit this week found that a likely threat of identity theft is sufficient for a proposed class to have standing to sue Nieman Marcus for a...more

With No Federal Law in Sight, States Continue to Refine Their Own Data Privacy Laws

With no Congressional consensus to adopt a federal data privacy and breach notification statute, states are updating and refining their already-existing laws to enact more stringent requirements for companies. Two states...more

UCLA Health System announces data breach affecting 4.5 million patients and medical providers

Adding to the long list of cyber hacking victims, the UCLA Health System announced on Friday (July 17, 2015) that it confirmed on May 5, 2015 that a cyber-attacker had accessed parts of UCLA Health’s network back to September...more

State Attorneys General Ask Congress Not To Preempt Breach Notification Laws

In the wake of recent, large-scale data breaches, several pieces of legislation have been introduced in Congress to establish a national data breach notification law, including a House bill that would preempt the current...more

Army National Guard announces data breach affecting both current and former members

On July 10, 2015, the Army National Guard announced a breach of its current and former members’ personal information, dating back to 2004. The breach occurred when files containing personal information were accidentally...more

Data Breach Decisions Setting A Higher Threshold For Standing For Plaintiffs Do Not Mean Businesses Are Off The Hook

There are only two types of companies left in the United States: those that have been hacked and those that will be hacked. In the last year alone, forty-three percent (43%) of U.S. companies experienced a data breach,...more

Connecticut Imposes New Data Security Obligations

New law will require consumer breach notice within 90 days, identity theft protection for consumers,“kill switch” for smartphones, and implementation of data security programs for certain health providers, state agencies and...more

2015 Data Breach Legislation Six Month Review: Many Proposals, Few Changes

The heat of summer may be upon us, but in Congress and in many state legislatures the attitude toward passing major data breach legislation has considerably cooled. We predicted some months ago that 2015 might be the...more

Federal Employees’ Personal Information Compromised by Data Breach

In recent headlines, the Office of Personnel Management (“OPM”) has begun notifying millions of federal employees that it may have lost their personal information earlier this month in a data breach. The data breach...more

Connecticut Legislature Passes Bill Mandating Identity Theft Protection Services Following Data Breach

Connecticut’s legislature has passed a bill that imposes strict new timing requirements for entities conducting business in the state that experience a data breach, which Governor Malloy reportedly intends to sign into law. ...more

Connecticut May Become First State to Require Identity Theft Protection

A bill currently before Connecticut Governor Dannel P. Malloy would make the state the first in the nation to require identity theft protection for data breach victims. Senate Bill 949 was approved by both the Connecticut...more

Pennsylvania Court Dismisses Data Breach Claims

In 2014, the University of Pittsburgh Medical Center’s computer system was hacked, resulting in the disclosure of sensitive personal information of current and former employees, including names, addresses, birthdates, social...more

Connecticut Requires Free Credit Monitoring for Certain Breaches

For nearly a decade, the Connecticut Attorney General (“AG”) has requested or encouraged companies to provide at least two years of free credit monitoring to Connecticut residents following breaches involving information...more

New 2015 Laws Update Data Breach and Identity Theft in Washington and Oregon - Both States Set New Requirements for Notifying...

Washington and Oregon both recently updated laws that define data security and incident response requirements for breaches of consumers’ personal information. Details of these new requirements for each state are...more

Court Dismisses Zappos Data Breach MDL Without Prejudice, Attributing Plaintiffs’ Alleged Harm “To The Realm of Speculation”

On June 1, 2015, a U.S. District Court in Nevada dismissed a consolidated class action against Zappos stemming from a data breach in January 2012. The court held that the plaintiffs lacked standing given their failure to...more

Connecticut Data Breach Law About To Get Tougher

This past Monday, Connecticut legislators voted unanimously to approve two new changes to Connecticut’s breach notification law. Senate Bill 949 will require businesses to (1) provide at least one year of identity theft...more

Data Breach Increases Show Importance of Data Security Compliance in Business Sector

Data breaches have seen a lot of media attention in the past year, but that should come as no surprise since 2014 was a record year for them. According to a report by the Identity Theft Resource Center, there were 783 tracked...more

IRS Website Breached

The IRS announced yesterday that criminals had used the “get transcript” application on its website to gain access to the tax information of approximately 100,000 taxpayers. The IRS has temporarily shutdown this application...more

FTC says self-reporting is likely to result in more favorable resolution

Last week, the FTC encouraged companies to self-report data breaches with the promise of more likely favorable treatment. The statement comes in a blog post, authored by Mark Eichorn, an Assistant Director in the FTC Bureau...more

CareFirst Suffers Cyberattack, Data Breach of 1.1 Million Customers’ Information

BREAKING NEWS: Health insurer CareFirst BlueCross BlueShield disclosed today that hackers gained access to one of its databases, exposing personally identifiable information for approximately 1.1 million people....more

Issues Concerning Medical Identity Theft

Whenever a large data breach occurs in the healthcare industry, such as the Anthem Blue Cross Blue Shield breach this past winter, some news stories always seem to focus on the strange medical catastrophes that could...more

Court Dismisses Data Breach Class Complaint For Lack Of Standing - May 2015

On May 4, 2015, the U.S. District Court for the Eastern District of Louisiana held that a putative class plaintiff lacked standing to pursue claims against eBay Inc. (“eBay”) arising out of a data breach that occurred in...more

eBay Lawsuit Dismissed

On May 4, 2015, a US District Court judge in the Eastern District of Louisiana dismissed a class action lawsuit that sought damages from eBay based on the “threat of future harm” stemming from the online retailer’s 2014 data...more

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