News & Analysis as of

Retailers Personally Identifiable Information Debit and Credit Card Transactions

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #307 – Credit Card Skimming Devices Found at Costco

Credit card skimming fraud continues to affect companies and their customers, causing businesses such as Costco to routinely inspect their PIN pads for the devices. ...more

Genova Burns LLC

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

Genova Burns LLC on

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

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...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

Carlton Fields

Fall Data Breach Roundup And 2018 Preview: Supreme Court, OPM, Equifax And More!

Carlton Fields on

As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon weigh in....more

Patterson Belknap Webb & Tyler LLP

Remijas v. Neiman Marcus: Seventh Circuit Affords Broad Standing To Sue Over Consumer Data Breaches

When hackers breach a business’s systems, class actions are sure to follow. Often, however, these suits have faltered right out of the starting gate. Citing the Supreme Court’s 2013 decision in Clapper v. Amnesty...more

Snell & Wilmer

Did the 7th Circuit Just Ease the Way for Consumer Data Breach Lawsuits?

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On July 20, 2015, a federal appeals court in Chicago issued what could be a watershed ruling in favor of consumers pursuing class action lawsuits against retailers and other companies following data breaches that involve the...more

Robinson & Cole LLP

Sally Beauty Reports 2nd Data Breach

Robinson & Cole LLP on

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

BakerHostetler

Why Worry About a Little Skimmer?

BakerHostetler on

Merchants—rightfully so—are worried about securing their payment card environments so that their name does not appear in a headline discussing how millions of cards were stolen from them. Faced with the challenge of...more

BakerHostetler

New Guidance for Merchants on Ensuring that Service Providers Share Security Responsibility

BakerHostetler on

For merchants, long gone are the days of using a card reader with a dial-up connection to their payment processor. Today’s omni-channel retailers rely on multiple third party service providers to complete payment card...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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