News & Analysis as of

Consumer Information Data Breach

Troutman Pepper

FTC Amends Safeguards Rule to Require Reporting of Data Breaches

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On October 27, the Federal Trade Commission (FTC) announced a final rule amending the Standards for Safeguarding Customer Information (Safeguards Rule) under the Gramm-Leach-Bliley Act. The Safeguards Rule requires nonbanking...more

Venable LLP

FCC Proposes Updating Its CPNI Breach Reporting Rules

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The Federal Communications Commission (FCC) is seeking to update and strengthen its rules governing breaches of consumer data and personal information. Public comments on the new rules are due February 22, 2023, and reply...more

Sheppard Mullin Richter & Hampton LLP

Graduation Goods Settlement: A Good Reminder of AGs’ Data Security Priorities

The New York and Pennsylvania AGs settlement with Herff Jones from late last year provides guidance to businesses about expected security measures as we enter into 2023. The case arose after Herff Jones, producer and seller...more

Goodwin

CFPB Issues Circular Confirming that Financial Companies May Violate Consumer Financial Protection Law by Failing to Protect...

Goodwin on

In August 2022, the Consumer Financial Protection Bureau (CFPB) published a circular confirming that, under certain circumstances, entities may “violate the prohibition on unfair acts or practices in the Consumer Financial...more

Robinson+Cole Data Privacy + Security Insider

ParkMobile Can’t Escape Data Breach Class Action

The class action lawsuit will continue against ParkMobile LLC for a data breach that affected 21 million users of the parking app (Baker v. ParkMobile LLC).The ParkMobile app allows users to pay for parking without having to...more

Polsinelli

When the Feds Find Out! Lack of Data Security Leads to Novel and Hefty Settlements

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The Federal Government continues ramping up enforcement of data security requirements by deploying significant new enforcement theories and tools in support of cyber and data security controls required by federal law....more

McGuireWoods LLP

Edible Bites Episode 9: Emerging Issues in Cannabis Privacy

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In episode 9 of McGuireWoods' Edible Bites video webinar series, healthcare attorneys Kate Hardey, Royce DuBiner and Janice Suchyta discuss issues pertaining to cannabis and privacy laws, such as HIPAA and the California...more

Butler Snow LLP

White House Guidance on Ransomware

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Ransomware has become the fastest growing type of cybercrime facing businesses today. In 2021, loss values were estimated to have reached at least 57 times those in 2015, exceeding $20 billion. Data and privacy issues are so...more

Cozen O'Connor

Water Filtration Retailer Settles Allegations Stemming From 2019 Data Breach

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New York AG Letitia James reached a settlement with online water filtration retailer Filters Fast LLC to resolve allegations that it failed to protect customers’ payment card information in a 2019 data breach in violation of...more

Faegre Drinker Biddle & Reath LLP

The Eleventh Circuit Finds that Potential Future Misuse of Personal Information Does Not Confer Article III Standing in Data...

On February 4, 2021, the Eleventh Circuit Court of Appeals issued a critical opinion addressing Article III standing in private data breach actions, which has been the subject of a closely watched circuit split. The case,...more

ArentFox Schiff

Privacy Report: FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements

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Federal US News - FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements - The FTC reached a settlement with a background screening company over allegations it falsely claimed...more

Fenwick & West LLP

Eighth Circuit Finds No Duty for Retailers to Safeguard Personal Data of Customers - Consumer Protection Violation Requires Actual...

Fenwick & West LLP on

Pursuing negligence claims in the Eighth Circuit following a data breach just got harder. On May 31, 2019, the U.S. Court of Appeals for the Eighth Circuit again dismissed the data breach claims in In re SuperValu, Inc....more

Mintz - Privacy & Cybersecurity Viewpoints

Uber and FTC Arrive at Settlement: Extensive Monitoring, but no FTC Fines Ahead

Recently, the Federal Trade Commission (“FTC”) announced that it has finalized its expanded settlement with ride-haling giant, Uber Technologies, Inc. (“Uber”) related to two major data breach incidents. The initial breach...more

Hogan Lovells

California Consumer Privacy Act: The Challenge Ahead – Consumer Litigation and the CCPA: What to Expect

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This post discusses litigation exposure that businesses collecting personal information about California consumers should consider in the wake of the California Legislature’s passage of the California Consumer Privacy Act of...more

Moore & Van Allen PLLC

Update on California Consumer Privacy Act

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Recently the state of California passed a data privacy and security law called the California Consumer Privacy Act (“CCPA”) (Assembly Bill 375). The law, which takes effect on January 1, 2020, is aimed at establishing a...more

Snell & Wilmer

What’s Unique About the California Consumer Privacy Act

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The California Consumer Privacy Act of 2018 (“CCPA”) offers a new, very broad framework for data protection with increased obligations for businesses, and its reach is far and wide. It was passed in a whirlwind seven days. On...more

Mintz - Privacy & Cybersecurity Viewpoints

Failure to Signal: Uber Forced to Accept Expanded Settlement after Concealing Security Breach from FTC

Uber Technologies, Inc. (“Uber”) has agreed to an expansion of its initial August 2017 proposed consent agreement with the Federal Trade Commission (“FTC”), in light of revelations of an additional security breach in October...more

Goodwin

Massachusetts Case Against Equifax Survives Motion to Dismiss

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On April 2, 2018, the Superior Court of Suffolk County, Massachusetts denied Equifax, Inc.’s motion to dismiss the Commonwealth’s case against it related to the company’s widely publicized 2017 data breach. Although the...more

King & Spalding

RAND Corporation Issues Report Regarding “Consumer Attitudes Toward Data Breach Notifications And Loss of Personal Information”

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On April 14, 2016, the RAND Corporation (“RAND”) released the results of a “first-of-its-kind consumer survey” by the RAND Institute for Civil Justice (“ICJ”) (the “Report”) which was “designed to provide useful information...more

Sheppard Mullin Richter & Hampton LLP

FTC v. Wyndham: The Third Circuit Recognizes FTC Authority to Regulate Commercial Cyber Security Practices

In 2014, the United States Court of Appeals for the Third Circuit ruling in FTC v. Wyndham Worldwide Corporation agreed to hear an immediate appeal on two issues: “whether the FTC has authority to regulate cybersecurity under...more

Snell & Wilmer

Appellate Court Confirms the FTC’s Power to Regulate Cybersecurity

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In a highly-anticipated decision, the U.S. Court of Appeals for the Third Circuit has ruled in FTC v. Wyndham Worldwide Corporation that the Federal Trade Commission (“FTC”) is authorized to pursue lawsuits against those who...more

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