Customer donation programs work. Although consumer fatigue with answering round-up and add-a-dollar prompts is on the rise, these point-of-sale fundraising campaigns have become effective tools for nonprofits to fundraise and...more
The FCC will require fixed and mobile internet service providers (ISPs) to prominently display information about their internet service access plans in the form of consumer labels that resemble food nutrition labels. The...more
Researchers at Sentinel One and Dragos have detected malicious code, called EKANS or Snake, that has been designed specifically to target industrial control systems (ICS), including those of oil refineries, manufacturing...more
A point of sale vendor for at least three cannabis dispensaries in the United States exposed the personal data of at least 30,000 cannabis users, including full names, photo IDs, dates of birth, telephone numbers, home...more
If you are a typical shopper, the last thing on your mind at the checkout counter is your printed credit card receipt. As you juggle your grocery store bags, you might absentmindedly fold the receipt into your wallet, or...more
Almost one year ago, we wrote about the impact of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) on Fair and Accurate Credit Transaction Act (FACTA) class actions and offered practical pointers for defendants confronting...more
For an arbitration agreement to be enforceable, the parties must have a reasonable opportunity to understand its terms. See Fagerstrom v. Amazon.com, Inc., 141 F. Supp. 3d 1070 (S.D. Cal. 2015). With this principle in mind,...more
For years, the signature requirement for completing a credit card transaction has felt something like an obsolete means of confirming a user’s identity. ...more
A new standard published by the Payment Card Industry Security Standards Council (“PCI SSC”) may make it easier and less costly for retailers to take advantage of lower cost PIN based transactions in card present scenarios....more
The California Proposition 65 regulation allowing a point-of-sale warning for bisphenol-A (BPA) in food and beverage products expires on December 30, 2017. After that date, retailers and manufacturers likely cannot rely on...more
The U.S. Court of Appeals for the Second Circuit added its voice to the chorus of circuit courts of appeal to hold that allegations that defendants included the first six and last four digits of a plaintiff’s credit card...more
Retailers are still feeling the pain from implementing EMV-compliant POS systems. An article by Kate Fitzgerald in the PaymentsSource Technology newsletter (August 8, 2017) caught our eye....more
Kmart’s proposed settlement with banks that had to reimburse customers following Kmart’s 2014 data breach was approved by an Illinois federal judge last week with one caveat: he wants to see how much each bank is being paid...more
In a recent decision, Justice Anil Singh of the Commercial Division dismissed a counterclaim asserted by Visa against Wal-Mart for fraudulent inducement. According to Justice Singh, Visa’s allegations failed to satisfy the...more
We’ve talked a fair amount about the switch to chip & pin card systems over the past few years. But how about a lack of cards altogether? Because that’s what the banks have in mind....more
It was about time for data breach defendants to get a win. The District Court for the Northern District of Illinois delivered one to Barnes & Noble in its long-running class action that stems from a breach suffered in 2012....more
There are a half a billion chip cards in the market right now. They have been touted to improve security and reduce credit card fraud. But do they? According to a new report, both Visa and MasterCard have reported that...more
Some thoughts—from Chair Yellen, herself—about why, despite pretty strong economic indicators for a pretty long time now, the Fed hasn’t begun to raise rates again....more
A federal judge in Illinois dismissed the class action lawsuit filed against Barnes & Noble stemming from a data breach in 2013. The breach occurred when credit and debit card PIN pads were compromised at 63 Barnes & Noble...more
In a series of recent decisions that have important implications for retailers, large and small, federal courts have allowed consumer class actions to proceed against businesses for violation of the Fair and Accurate Credit...more
On April 6, during a panel discussion at the International Association of Privacy Professionals’ Global Privacy Summit, officials from the Attorney General offices of New York, Illinois and the District of Columbia...more
With the extraordinary volume of Americans with Disabilities (ADA) Title III claims clogging the courts, and an increase in the number of plaintiffs’ lawyers litigating ADA issues, we can expect to see another flood of Title...more
2015 - The Price of Customer Loyalty: Rewards Programs and Sales and Use Tax Issues - 09.21.2015 - Retailers and other businesses use loyalty and rewards programs to draw in customers throughout the year. However,...more
For too long, “swiping” a credit card has had at least one meaning too many. There was “swiping” as it pertains to running the magnetic strip of your credit card inside the groove of a small payment terminal to make an...more
October 1 is right around the corner. Merchants, retailers, hotels and restaurants: are you ready for what’s in your customers’ wallets? Starting next month, the payment card industry’s transition to chip-and-PIN (also known...more