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Consumer Fraud Personally Identifiable Information

Troutman Pepper

More Privacy, Please – January 2024

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NIST Publishes Report on the Cybersecurity of Genomic Data. On December 20, 2023, the NIST National Cybersecurity Center of Excellence (NCCoE) published Final NIST IR 8432, Cybersecurity of Genomic Data. Informed by direction...more

Robinson+Cole Data Privacy + Security Insider

New York Law Incorporates Identity Theft into the Definition of Elder Abuse

New York recently passed legislation to amend the definition of elder abuse to include identity theft. This is important as an acknowledgement of the seriousness of the problem of identity theft involving the elderly, and the...more

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

Ballard Spahr LLP

8th Circuit Decision in SuperValu Class Action is a Reminder that Injury and Damages Aren’t the Same Thing.

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Last Friday we blogged on the Saks data breach class action, and in the process mentioned a trend among federal courts to reject fear of future identity theft claims in retail breach cases.  ...more

Snell & Wilmer

Homie Can’t Do That

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The Arizona Attorney General recently reached an agreement with Utah-based real estate company Homie which made a splash in the Phoenix market during the fall election with candidate-type signage posted throughout the...more

Robinson+Cole Data Privacy + Security Insider

Cyber Fraud Cost $1.4 Billion in 2017

The Federal Bureau of Investigation’s Internet Crime Complaint Center (IC3) recently released its yearly internet crime report, which states that over 300,000 consumers reported cyber-fraud and malware attacks in 2017,...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

Bass, Berry & Sims PLC

Privacy Perils: National Consumer Protection Week Fraud Reminders

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The Federal Trade Commission (FTC) has designated this week as National Consumer Protection Week, and has issued a report on the top frauds reported during 2017. Highlights from the report are as follows... ...more

Patterson Belknap Webb & Tyler LLP

LA City Attorney Jumps Into Uber Fray

A complaint filed Monday by Los Angeles City Attorney Mike Feuer accuses Uber Technologies Inc. of violating California law by concealing “for an entire year” a data breach that exposed the names and license numbers of...more

Patterson Belknap Webb & Tyler LLP

Payment or Pillory: More Fallout from Uber’s Data Breach

With new developments regarding Uber Technologies Inc.’s 2016 data breach coming out almost daily, lawsuits against the company continue to pile-up. We previously reported that within days of Uber disclosing the data theft...more

Carlton Fields

Eighth Circuit Privacy Class Action Fails to Clear Second Hurdle

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In Carlsen v. GameStop Inc., plaintiff ­– a paid subscriber to defendant’s online gaming magazine – brought a putative class action lawsuit against defendant for alleged breach of its privacy policy by disclosing plaintiff’s...more

McGuireWoods LLP

Retail Industry EMV Compliance Deadline Arrives Today - Credit Card Fraud Liability Shifts

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Starting today, October 1, 2015, a substantial portion of the liability associated with in-store fraudulent credit card purchases shifts from credit card issuers, such as banks or credit unions, to retail merchants. Credit...more

Bilzin Sumberg

New Potential Liability for Data Security: U.S. Court of Appeals for the Third Circuit Announces FTC has Authority to Scrutinize a...

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The U.S. Court of Appeals for the Third Circuit announced that the Federal Trade Commission (FTC) has the authority to scrutinize a business’s data security protocol -- and to file a complaint if the FTC finds that protocol...more

Carlton Fields

Cyberclaim Coverage Denied: The TCPA Protects Privacy, Not Personally Identifiable Information

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In Doctors Direct Ins., Inc. v. Beaute’ E’mergente, LLC, No. 1-14-2919 (Ill. App. Ct. June 22, 2015), an Illinois state appellate court recently affirmed that a medical malpractice liability insurer did not owe a duty to...more

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