News & Analysis as of

Credit Cards

Seventh Circuit lets data breach suit proceed for credit monitoring and lost use of credit card damages

by Thompson Coburn LLP on

In a blow to retailers and other businesses subjected to data breaches, the Seventh Circuit has reinstated a class action brought by consumers against Barnes & Noble arising from a 2012 breach. Two class representatives sued...more

SEC Halts ICO Coin Offering Supposedly Tied to Visa, MasterCard

by Dorsey & Whitney LLP on

Cryptocurrencies have been a focus of SEC Enforcement in recent months. The Chairman and senior staff members have repeatedly cautioned investors regarding the risks of these instruments while extolling market professional...more

Technical FACTA Violation Insufficient To Confer Standing

by Cozen O'Connor on

A federal court in Texas cut short a putative class action alleging violation of the truncation requirement under the Fair and Accurate Credit Transactions Act (FACTA), sending a clear message to plaintiffs that minor...more

OTA & Travel Distribution Update - Australian Competition Authorities re-think "narrow" parity; Keyword prohibitions the subject...

by Garvey Schubert Barer on

Our weekly OTA & Travel Distribution Update is below. This week’s Update features a number of familiar stories....more

Second Circuit, on Truncated Record, Holds Dispute Implicating Core Bankruptcy Proceeding Non-Arbitrable

by Ballard Spahr LLP on

In a recent decision pitting the Bankruptcy Code against the Federal Arbitration Act (FAA), the U.S. Court of Appeals for the Second Circuit held that a creditor could not compel arbitration of a debtor's class action claims...more

Orbitz Confirms Breach of Travel Records and Credit Card Information of 880,000 Individuals

Orbitz, the travel booking entity that is owned by Expedia, has confirmed that it has “identified and remediated a data security incident affecting a legacy travel booking platform.” This means that one of its older websites...more

9th Circuit Affirms Dismissal of FCRA Putative Class Action for Lack of Standing

by Weiner Brodsky Kider PC on

The Ninth Circuit has ruled that a plaintiff failed to allege a concrete injury-in-fact sufficient for Article III standing in a suit alleging a violation of the Fair Credit Report Act (FCRA). The panel affirmed the district...more

Appellate Court Joins Growing Chorus Finding That Procedural FACTA Violations on Their Own Are Insufficient for Standing

by Fenwick & West LLP on

In keeping with its recent decision in Bassett v. ABM Parking Services, the U.S. Court of Appeals for the Ninth Circuit held in Noble v. Nevada Checker Cab (March 9, 2018) that alleged procedural violations of the Fair and...more

Weekly Roundup - March 2018

..A couple of local “co-schemers” were charged with credit card fraud — one allegedly favored QFC and Fred Meyer, the other was all about Bartell ..A Florida man was indicted in federal court in Boston for pretending to be...more

District Court Expands on Pantoja, Finds Collection Letter on Stale Debt to Violate FDCPA for Failure to Include Revival Warning

A recent decision from the North District of Illinois has expanded on the Seventh Circuit’s holding in Pantoja v. Portfolio Recovery Assocs., LLC, 852 F.3d 679 (7th Cir. 2017) regarding revival warnings in collections letters...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

As has been buzzed about for several months, music-streaming startup Spotify has officially filed [directly] a prospectus for its listing on the New York Stock Exchange....more

Credit Card Reforms and Non-ADI Lender Rules

by Dentons on

Some significant new rules for credit cards, APRA supervision of non ADI lenders, and some other reforms have been legislated by the Treasury Laws Amendment (Banking Measures No. 1) Act 2018....more

Ninth Circuit Ruling Rejects FACTA Suit under Spokeo, Avoiding Circuit Split

by K&L Gates LLP on

The Ninth Circuit recently held in Bassett v. ABM Parking Services, Inc. that a plaintiff cannot establish Article III standing to maintain a Fair and Accurate Credit Transactions Act (“FACTA”) claim merely by pleading that...more

Ninth Circuit: Speculative Injuries Do Not Confer Article III Standing

As Dwight Schrute of hit NBC show “The Office” said, “identity theft is not a joke, Jim! Millions of families suffer every year!” In response, Congress has passed a variety of legislation over the years aimed at curbing...more

Thirty-Six Individuals Charged In Global Cybercrime Ring “Infraud”

by King & Spalding on

The United States Department of Justice (“DOJ”) recently indicted thirty-six individuals leading a global cybercrime ring for allegedly trafficking in stolen personal and financial information....more

USCIS Now Accepting Credit Card Payments For Some Filings

by Miles & Stockbridge P.C. on

U.S. Citizenship and Immigration Services (USCIS) announced that it will accept credit card payments at no additional cost for the USCIS filing fees associated with filing most of its forms. The credit card payment option is...more

CARD Act Report: The CFPB Departs from Precedent

by Davis Wright Tremaine LLP on

Editors’ Note: The following is one part of DWT’s ongoing coverage of the 2017 CARD Act Report. Other parts include our prior PLA post The Consumer Credit Market: The CFPB’s 2017 CARD Act Report and a recent FSR webinar....more

[Webinar] The Brave New World of Payments: opportunities and threats post-PSD2 - March 1st, 12:00pm GMT

by Hogan Lovells on

Register now for our live webinar to learn about the key developments that will help payments experts to thrive in the post-PSD2 era. We've gathered leading payments regulation and technology professionals to look at the...more

New Security Standard for PINS Will Give Retailers Less Costly Processing Options

by Bryan Cave on

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

Court Of Chancery Awards Fees Under Indemnification Provision

by Morris James LLP on

Composecure LLC v. Cardux LLC, C.A. 12524-VCL (February 1, 2018) - Most of this decision deals with when a contract is void or voidable. If the signing is in violation of mandatory provisions in the entity’s governing...more

Kirkland FACTA Case May Create Circuit Split

by Reed Smith on

Kirkland, Inc. will face a putative class action for allegedly violating the Fair and Accurate Credit Transactions Act (“FACTA”). The plaintiffs filed their complaint against Kirkland in April 2017 for displaying the first...more

CFPB Update: January 2018

by Burr & Forman on

The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) is a U.S. government agency created by the Dodd-Frank Wall Street Reform and Consumer Protection Act. The CFPB is the first federal agency tasked solely with the...more

Ninth Circuit Holds That a Prohibition on Credit Card Surcharges Abridges Merchants’ Freedom of Speech in Violation of First...

by Foley & Lardner LLP on

The Ninth Circuit’s recent decision in Italian Colors Rest. v. Becerra (“Italian Colors”), upheld an as-applied constitutional challenge to a California law prohibiting retailers from imposing a surcharge on customers paying...more

Ninth Circuit: California Surcharge Law Unconstitutional

The U.S. Court of Appeals for the Ninth Circuit, following decisions from three other circuit courts and the Supreme Court, ruled that California’s statute banning surcharges on credit card purchases is unconstitutional....more

3rd Circuit Holds Delaware Tolling Statute Does Not Apply to Out-of-State Resident Subject to Service of Process

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Third Circuit recently held that under Delaware law, a debtor’s out-of-state residency alone did not toll the Delaware statute of limitations. The Third Circuit overturned the U.S. District...more

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Cybersecurity

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