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
Each of the 50 states has its own definition of what constitutes a reportable data breach. For some, it requires “unauthorized access” to personal information. For others, it requires “unauthorized acquisition.” And then,...more
On June 20, 2024, the Court of Justice of the European Union (‘CJEU’) issued its judgment in two joined cases C-182/22 and C-189/22, Scalable Capital, on the right to compensation for non-material damages under Article 82(1)...more
CYBERSECURITY - New York Governor Proposes Cybersecurity Regulations for NY Hospitals - On November 13, 2023, Governor Kathy Hochul released proposed cybersecurity regulations applicable to all hospitals located within...more
CYBERSECURITY - Joint Commission Issues Alert on Patient Safety After a Cyber-Attack - On August 15, 2023, the Joint Commission issued a Sentinel Event Alert entitled “Preserving patient safety after a cyberattack,”...more
A former hospital worker in Arizona was sentenced to 54 months in prison and ordered to pay restitution after pleading guilty to two felony counts involving identity theft and health information disclosure. In the plea deal,...more
Judge Jeffrey White of the Northern District of California recently dismissed a putative class action lawsuit in which plaintiffs claimed they faced an imminent threat of future of harm in the form of identity theft and fraud...more
A 34-page class action was filed against Blackhawk Network for a data breach that occurred on MyPrepaidCenter.com in September of this year. The plaintiffs allege that Blackhawk Network’s failure to prevent or detect this...more
The Federal Trade Commission (“FTC”) announced on Monday that it is settling a case against Drizly and its CEO stemming from a 2020 data breach that impacted roughly 2.5 million consumers. The proposed order not only...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
Over the years, there have been very few class certification rulings in actions arising from data breach incidents. Of those that have been published, most have favored the defense....more
CYBERSECURITY - Intelligence Points to Likely Russian Attacks on Critical Infrastructure - The cybersecurity authorities of the United States (including CISA, FBI, NSA and DOE), Australia, Canada, New Zealand, and the...more
New York recently passed legislation to amend the definition of elder abuse to include identity theft. This is important as an acknowledgement of the seriousness of the problem of identity theft involving the elderly, and the...more
CYBERSECURITY - CISA/FBI Advisory Warns of Destructive Malware Used Against Ukraine - The Cybersecurity and Infrastructure Security Agency (CISA) and the FBI issued a joint advisory this week alerting organizations of...more
Two major U.S. financial institutions, Morgan Stanley and Capital One, recently agreed to resolve separate class action lawsuits by paying, in the aggregate, hundreds of millions of dollars in compensation for massive data...more
The Federal Trade Commission (FTC) continues to put emphasis on the importance of corporate board involvement in privacy and data security. Corporate Boards: Don’t Underestimate Your Role in Data Security Oversight - The...more
In April 2021, the Second Circuit issued a decision recognizing an increased risk of future, unrealized identity theft or fraud as a basis for establishing Article III standing. Background - The case, McMorris v. Carlos...more
On April 6, 2021, the North Carolina General Assembly introduced Senate Bill 569: the Consumer Privacy Act of North Carolina (CPA), that would expand protections to consumers in the North Carolina Identity Theft Protection...more
These are difficult times. Some parts of the economy have responded well to the pandemic crisis. Others, especially those in the travel, leisure, and entertainment industries have experienced enormous financial challenges. ...more
I was scrolling through a social media site this week, and was struck by how many requests asked people to respond to questions regarding their biographical information. For example, what was the number one album when you...more
Biometric privacy litigation has exploded in the last several years, with the current hot spot focus in Illinois. Class actions under the Illinois Biometric Information and Privacy Act (“BIPA”) have flooded the Illinois state...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
Equifax has agreed to pay $575 million to settle consumer as well as state and federal regulatory claims for its 2017 data breach. This is the largest data breach settlement to date. ...more
An amendment to New Jersey’s data breach notification requirements of the Consumer Fraud Act is currently awaiting signature by State Governor Phil Murphy. The bill, Assembly No. 3245, was recently passed by both the New...more
Although the Massachusetts Data Security Regulations went into effect March 1, 2010, I still find that many companies have not implemented a Written Information Security Program (WISP) and don’t know that they are required to...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