We previously reported that the Georgia Secretary of State’s office experienced a massive data breach in October, and didn’t find out about it until November. The breach affected approximately 6 million Georgian voters, and...more
We previously reported about a proposed class action suit against Facebook for the alleged violations of the Illinois Biometric Information Privacy Act. Facebook moved to dismiss the case for lack of personal jurisdiction....more
In what is being described as the first case in the U.S. regarding a state biometric privacy statute, a proposed class was successful in thwarting a motion to dismiss by Shutterfly last week over its alleged practice of...more
Michael’s Stores, Inc. was dismissed from a putative data breach class action case involving the breach of 2.6 million payment cards as the plaintiffs were unable to show that they were injured as a result of the incident....more
2015 was a banner year for data breaches and associated class action litigation. Toward the end of the year, class action cases were filed the same day as the notification. Based upon the data breach fallout in 2015, there is...more
Excellus Blue Cross Blue Shield (Excellus) was hit with another proposed class action suit late last week.
The case, filed by a New York woman, accuses Excellus BlueCross BlueShield of failing to prevent a massive data...more
It is frustrating for citizens to continue to watch state and federal governmental agencies announcing massive data breaches of citizens’ personal information. Here is another one.
On Tuesday, December 15, 2015, the...more
In a third update to the data breach of 6.5 million kids’ information and 5 million parents’ information, VTech Holdings Ltd. (VTech) is facing backlash from plaintiffs’ attorneys and regulators....more
A California federal judge has ruled that a former Uber driver who is suing Uber in a proposed class action case was unable to show that he suffers an immediate threat of identity theft and dismissed the driver’s first...more
11/2/2015
/ Capital One ,
Class Action ,
Credit Cards ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Hackers ,
Identity Theft ,
Mobile Apps ,
Personally Identifiable Information ,
Sharing Economy ,
Social Security Numbers ,
Transportation Industry ,
Uber
Last week, the Vienna Higher Regional Court ruled that most of Max Schrems’ claims against Facebook can proceed, including his claim that Facebook improperly allowed his personal information to be shared with the National...more
10/30/2015
/ Austria ,
Binding Corporate Rules ,
Class Action ,
Cybersecurity ,
Data Protection Authority ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
Facebook ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Ireland ,
National Security ,
National Security Agency (NSA) ,
Personal Data ,
Privacy Laws ,
Right to Privacy ,
Safe Harbors ,
safe-h ,
Schrems I & Schrems II ,
US-EU Safe Harbor Framework
We previously reported that the Federal Communications Commission (FCC) released an Omnibus Order on July 10, 2015 regarding the rules and regulations implementing the Telephone Consumer Protection Act (TCPA), specifically...more
10/16/2015
/ Class Action ,
Compliance ,
FCC ,
Federal Register ,
Marketing ,
Omnibus Guidance ,
Prior Express Consent ,
Right to Privacy ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
VoIP
Significantly, the Eleventh Circuit issued an opinion on October 9th that consumers who download and use free mobile apps do not fall within the definition of a “subscriber” under the Video Privacy Protection Act (VPPA)....more
10/16/2015
/ Cartoon Network ,
Class Action ,
Digital Media ,
Disclosure ,
Mobile Apps ,
Privacy Concerns ,
Privacy Laws ,
Right to Privacy ,
Subscribers ,
Video Privacy Protection Act ,
VPPA ,
Wireless Devices ,
Wireless Technology
Scottrade, a retail brokerage firm, announced late last week that it suffered an intrusion by cyber hackers who stole client contact information of 4.6 million customers. The intrusion occurred between late 2013 and early...more
10/9/2015
/ Brokerage Accounts ,
Class Action ,
Cyber Attacks ,
Cyber Crimes ,
Data Breach ,
Hackers ,
Identity Theft ,
Investment Companies ,
Investment Management ,
Negligence ,
Personally Identifiable Information ,
Scottrade ,
Target
Late last week, Fiat filed a Motion to Dismiss the proposed class action against it following reports of hacking into vehicle information systems and its announcement that it was recalling 1.4 million Dodge, Ram and Jeep...more
10/2/2015
/ Article III ,
Automobile Recall ,
Automotive Industry ,
Class Action ,
Cyber Attacks ,
Cyber Crimes ,
Fiat ,
Hackers ,
Injury-in-Fact ,
Jeep ,
Motion to Dismiss ,
Motor Vehicles ,
NHTSA ,
Software ,
Standing
Within days of Excellus Blue Cross Blue Shields’ (Excellus) announcement that its data had been accessed by a hacker through a “sophisticated” cyber-attack, two law firms teamed up to file a proposed class action suit last...more
9/25/2015
/ Blue Cross ,
Blue Shield ,
Breach of Contract ,
Class Action ,
Credit Monitoring ,
Cyber Attacks ,
Cyber Crimes ,
Data Protection ,
Hackers ,
Healthcare ,
Negligence ,
Personally Identifiable Information
MAC Cosmetics, Inc. (MAC) has settled a proposed class action suit filed in Massachusetts federal court, which alleged that it illegally obtained customers’ zip codes at the point of sale. MAC has agreed to set up a fund...more
Following the IRS’ admission that its data breach was actually larger than it originally reported and caused fraudulent tax returns to be filed affecting over 330,000 taxpayers, the IRS was sued this week in a proposed class...more
8/28/2015
/ Class Action ,
Cyber Attacks ,
Cyber Crimes ,
Data Breach ,
Hackers ,
Inspector General ,
IRS ,
Personally Identifiable Information ,
Putative Class Actions ,
Tax Fraud ,
Tax Returns
Ho hum. Another class action filed against OPM for its massive data breach. The interesting fact here? The suit’s named plaintiff is a Judge with the Social Security Administration. On Friday, August 7, Social Security...more
8/17/2015
/ Class Action ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Hackers ,
OPM ,
Social Security Administration (SSA)
Advanced Data Processing, Inc. and Intermedix Corp. were sued in federal court in Florida last week for violating the Health Insurance Portability and Accountability Act (HIPAA) for failing to protect the health information...more
8/17/2015
/ Class Action ,
Class Certification ,
Data Breach ,
Data Processors ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Identity Theft ,
IRS ,
Personally Identifiable Information ,
Tax Fraud ,
Tax Refunds ,
Tax Returns
We previously reported that Medical Informatics Engineering, Inc. was sued over a data breach that occurred in May and affected over 4 million individuals. Thereafter, Indiana AG Gregory Zoeller advised all Hoosiers to freeze...more
8/14/2015
/ Asset Freeze ,
Class Action ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Hackers ,
Healthcare ,
Identity Theft ,
Invasion of Privacy ,
Medical Records
Not to be left out, plaintiffs filed suit against CareFirst BlueCross Blue Shield late last week for the hacking incident the insurer suffered in May, which resulted in unknown intruders gaining access to names, dates of...more
8/14/2015
/ Blue Cross ,
Blue Shield ,
CareFirst ,
Class Action ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Hackers ,
Healthcare ,
Personally Identifiable Information
Medical Informatics Engineering, Inc., an electronic medical record service provider, recently disclosed a data breach affecting approximately 4 million individuals. Within days of the disclosure, Medical Informatics was hit...more
8/10/2015
/ Class Action ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Electronic Medical Records ,
Healthcare ,
Medical Records ,
Notification Requirements ,
Personally Identifiable Information ,
Social Security Numbers
We previously reported on the Seventh Circuit’s reversal of the District Court’s dismissal of the data breach class action case against Neiman Marcus. On August 3, 2015, Neiman Marcus filed a Petition for Rehearing requesting...more
8/7/2015
/ Amnesty International ,
Clapper v. Amnesty International ,
Class Action ,
Credit Cards ,
Data Breach ,
Debit Cards ,
En Banc Review ,
Fraudulent Charges ,
Identity Theft ,
Neiman Marcus ,
SCOTUS ,
Standing
We previously reported that UCLA suffered a data breach affecting 4.5 million patients. Days following the announcement of the breach, plaintiffs filed a proposed class action lawsuit against UCLA, alleging that UCLA should...more
7/24/2015
/ Breach of Contract ,
Class Action ,
Cyber Attacks ,
Data Breach ,
Fraud ,
Healthcare ,
Invasion of Privacy ,
Negligence ,
Personally Identifiable Information ,
UCLA ,
UCLA Medical Center
Adobe Systems, Inc. has agreed to settle the proposed class action lawsuit filed against it following the breach of its system in 2013. The breach compromised personal and payment card data of millions of its customers. There...more