News & Analysis as of

Internet Retailers Personally Identifiable Information

Wyrick Robbins Yates & Ponton LLP

Same Old Song and Dance: The Song-Beverly Credit Card Act of 1971 is Plaintiffs’ Latest Tool to Target Pixels and Other Online...

The plaintiffs’ bar has added a new tool to its arsenal to target cookies, pixels, and similar online tracking tools and the businesses that use them: the California Song-Beverly Credit Card Act of 1971 (“Act”). This...more

Benesch

Oldies but Not Goodies - Plaintiffs Put New Digital Spin on Song-Beverly

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Over the past few months, a wave of new lawsuits has been filed in California state court against online retailers alleging violations of California’s Song-Beverly Credit Card Act, Cal. Civ. Code § 1747.08 (“Song-Beverly”)....more

Troutman Pepper

30 States Urge Ninth Circuit to Reinstate Data Privacy Lawsuit

Troutman Pepper on

In an unusual move, attorneys general (AG) from 30 states and the District of Columbia filed a bipartisan amicus brief in the Ninth Circuit supporting efforts to revive a proposed class action against payment processor...more

BakerHostetler

The ‘New-Look’ Song-Beverly Credit Card Act: Web-Tracker Edition

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The California Song-Beverly Credit Card Act (the “Act”) – an act intended to protect the personal privacy of individuals during credit card transactions – may very well become the new trend in California privacy litigation. ...more

Bass, Berry & Sims PLC

Privacy Peril:Chatty Cathy

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We are all increasingly familiar with, and probably increasingly frustrated by, the use of chatbots to attempt to solve some problem we are having with a company, often delivery of a purchased item. The “virtual agent” (not...more

Robinson+Cole Data Privacy + Security Insider

CafePress to Pay $2 Million in Multi-State Data Breach Settlement

On December 18, seven states have entered into a settlement agreement with e-retailer Cafe-Press for $2 million stemming from a 2019 data breach that exposed information of approximately 22 million consumers. ...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #261 – Online Shopping Tips for the Holidays

I have done more online shopping this year than ever before, and I know that I am not alone. With the holidays approaching, this will only increase because of the pandemic, and hackers and fraudsters know it....more

Bass, Berry & Sims PLC

Privacy Perils: Black Friday Blues

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With the holiday season fast-approaching, thrifty shoppers across the country will soon be looking to spend (and save) their hard-earned money during what is arguably the busiest shopping weekend of the year, spanning Black...more

White & Case LLP

Nevada Imposes October 2019 Deadline to Implement New Privacy Restrictions on the Sale of Personal Data

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While businesses have been focused on meeting the looming January 1, 2020 deadline of the California Consumer Privacy Act ("CCPA"), Nevada just ratchetted up the heat by imposing an earlier October 2, 2019 deadline for...more

Jackson Lewis P.C.

U.S. Supreme Court Allows Zappos Data Breach Litigation To Proceed

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Yesterday, the U.S. Supreme Court rejected a petition for a writ of certiorari by Zappos requesting the Court to review a Ninth Circuit Court decision which allowed customers affected by a data breach to proceed with a...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: Retail Industry Outlook: Risks and Rewards

In this episode, partners and Akin Gump retail initiative co-leaders Gregory Knopp and Meredith Slawe discuss the retail sector, its promises and its pitfalls. Among the topics covered: • technological innovation in retail ...more

BCLP

Passing Data Between Retailers To Facilitate Transactions

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Online retailers often learn information about a consumer that may be used by them to help identify other products, services, or companies that may be of interest to the consumer. For example, if a person purchases an...more

Jones Day

Ninth Circuit Finds Data Breach Customers Have Initial Standing to Sue

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The Situation: Relating to a 2012 data breach lawsuit against Zappos.com, a district court had found that a certain group of plaintiffs lacked standing to sue because they "failed to allege instances of actual identity theft...more

Patterson Belknap Webb & Tyler LLP

Ninth Circuit Wades into Growing Debate over Data Breach Standing

Is the risk of future harm enough to satisfy Article III standing in a data breach suit? That’s the question courts of appeals around the country are wrestling with now – and reaching opposing results. ...more

Carlton Fields

Ninth Circuit Gives Leg Up To Shoe Purchasers’ Data Breach Suit

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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

Fenwick & West LLP

Appellate Court Finds Risk of Identity Theft Sufficient to Establish Standing, Circuit Split Worsens

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The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more

Foley Hoag LLP - Security, Privacy and the...

Some Cyber Monday Shopping Tips

As you enjoy the holiday weekend, and even some Cyber Monday shopping, keep in mind these online shopping tips from the FTC: ..Know the seller and the item. Put the company or product name in a search engine, along with...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Most insiders are chalking up last week’s CVS/Aetna news to a recent Amazon push into the pharma world. The Journal breaks down exactly what that means—both for the industry and for Amazon, which faces a series of challenges...more

Robinson+Cole Data Privacy + Security Insider

Rite Aid’s Online Store Breached

Rite Aid has admitted that its online eCommerce platform was accessed by unauthorized individual(s) from January 30, 2017, through April 11, 2017, and their customers’ names, addresses and payment card information, including...more

Robinson & Cole LLP

Zappos proposed data breach class action litigation dismissed

Robinson & Cole LLP on

Continuing the growing trend of dismissing data breach cases when there is no evidence of actual harm, the United States District Court for the District of Nevada last week dismissed a class action case filed against Zappos...more

Robinson & Cole LLP

Sally Beauty Reports 2nd Data Breach

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Sally Beauty Holdings, Inc. (Sally) confirmed that it has suffered a second data breach in the last year. On March 14, 2014, KrebsOnSecurity reported that credit cards stolen from Sally had gone up for sale on an Internet...more

Manatt, Phelps & Phillips, LLP

Advertising Law - December 2014 #4

Privacy Authorities to App Marketplaces: Post Links to Privacy Policies - An international coalition of 23 privacy regulators released a plea to app marketplaces to act like “a responsible corporate citizen” and make...more

Perkins Coie

Top 12 Ways Retailers Can Address Privacy Issues This Holiday Season

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In this installment of “Perkins Coie Wrapping Papers,” we take inspiration from “The Twelve Days of Christmas” to provide an overview of the top twelve privacy and data security issues retailers should consider as the year...more

Blank Rome LLP

California Passes New Law Protecting Consumers From Data Breaches

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On September 30, 2014, Governor Jerry Brown signed Assembly Bill 1710, authored by Assembly Members Roger Dickinson (D-Sacramento) and Bob Wieckowski (D-Fremont). AB 1710 enhances consumer protections by strengthening the...more

Akin Gump Strauss Hauer & Feld LLP

Renewed Congressional Interest in Federal Data Security and Breach Notification Legislation

In light of recent, well-publicized, data security breaches at major retailers and social media company Snapchat, legislators are renewing the call for new federal laws that would strengthen data security and notification...more

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