News & Analysis as of

Identity Theft Personally Identifiable Information Debit and Credit Card Transactions

Genova Burns LLC

N.J. Supreme Court Revives Register Receipt Class Action - Warning Trial Courts Not to Dismiss Class Claims Prematurely

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Last week, the New Jersey Supreme Court decided in favor of putative class members, taking a permissive approach to class certification at the early stages of litigation. Reversing the lower courts, the New Jersey Supreme...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #220 – Identity Theft Still in Top Three Frauds Reported to FTC

Three million fraud cases were reported to the FTC in 2018, and 444,602 of them involved identity theft. These reported cases (just think of how high the statistic would be if all cases were reported) amounts to the third...more

Robinson+Cole Data Privacy + Security Insider

Predictions for Intrusions and Scams in 2020

The predictions set forth in Experian’s Seventh Annual Data Breach Industry Forecast make sense and are worth a read. We are starting to see these types of intrusions and scams, and our experience is that once these types of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2019

In this month's edition of our Privacy & Cybersecurity Update, we examine New York's new laws expanding consumer protection for data breaches, the D.C. Circuit's two rulings deepening the split regarding standing in data...more

Bass, Berry & Sims PLC

Privacy Perils: Skip the Skimmer Scams

Bass, Berry & Sims PLC on

Everyone loves the convenience of the ATM. However, having 24/7 access to your money may mean that scammers do, too. Recent data from the credit scoring company FICO shows there was a 70 percent increase in the number of...more

Searcy Denney Scarola Barnhart & Shipley

Can You Survive Identity Theft?

Identity Theft in the Digital and Physical Worlds - Common sense is the best defense against identity theft – creating strong passwords for online accounts and monitoring personal credit reports and credit card statements...more

Fenwick & West LLP

Appellate Court Lowers Pleading Requirements for Standing in Optometrists’ Data Breach Suit

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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

Foley & Lardner LLP

Companies Outside Retail And Financial Industries May Have Additional Arguments To Challenge Standing In Data Breach Cases

Foley & Lardner LLP on

The data breach at the U.S. Office of Personnel Management was one of the most serious and possibly one of the top ten largest data breaches of the 21st century, compromising background investigation records for some 22...more

Hogan Lovells

8th Circuit Affirms Standing as Barrier in Data Breach Class Actions

Hogan Lovells on

The U.S. Court of Appeals for the Eighth Circuit has become the latest appellate court to enter the contested debate over Article III standing in data breach litigation. The Eighth Circuit held that 15 of 16 named plaintiffs...more

Fenwick & West LLP

Eighth Circuit Holds Data Breach Plaintiffs Must Allege Actual Injury to Establish Standing

Fenwick & West LLP on

The U.S. Court of Appeals for the Eighth Circuit held that allegations of a future risk of identity theft resulting from a data breach are not sufficient to establish standing. The August 30 ruling in In re SuperValu Customer...more

Patterson Belknap Webb & Tyler LLP

Dismissal in Michael Stores Data Breach Case

In the latest decision on Article III standing in a data breach case, the U.S. Court of Appeals for the Second Circuit ruled that a credit card holder – who neither pleaded specific facts about the time or effort spent...more

Adler Pollock & Sheehan P.C.

Retailers Should Use Caution In Collecting Zip Codes From Consumers

In a recent decision, Tyler v. Michaels Stores, the Supreme Judicial Court of Massachusetts ("SJC") has increased the risk of class action lawsuits under M.G.L. c. 93A against retailers who collect consumers' ZIP codes during...more

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