News & Analysis as of

Data Security Credit Cards

McDermott Will & Emery

New PCI DSS 4.0 Credit Card Compliance Requirements Effective April 1, 2025

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As of April 1, 2025, all merchants and third-party service providers (TPSPs) involved in processing credit or debit card payments must fully adhere to the enhanced security requirements outlined in the Payment Card Industry...more

K2 Integrity

Don’t Let Cyber Scams Ruin the Holidays: Keep the Holiday Season Festive for Your Organization

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“It’s the most wonderful time of the year”—or is it? Unfortunately, it can be the most wonderful time for criminals, who try to prey on financial generosity through scams and frauds. Extra vigilance is needed during the...more

A&O Shearman

When does payment card data qualify as personal data? English Court gives new guidance on this question

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The Upper Tribunal (UT) has overturned a decision by the First-tier Tribunal (FTT), relating to a Monetary Penalty Notice (MPN) that was issued by the Information Commissioner (ICO). All of this stemmed from a cyber-attack...more

Bradley Arant Boult Cummings LLP

CFPB Issues Final Rule Implementing Section 1033 of Dodd-Frank Act

On October 22, 2024, the Consumer Financial Protection Bureau (CFPB) finalized its long-anticipated rule implementing Section 1033 of the Dodd-Frank Act. The 594-page final rule arrives nearly one year after the CFPB’s...more

Womble Bond Dickinson

Upcoming Deadline for PCI DSS 4.0.1 Implementation

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A critical deadline of March 31, 2025 is upcoming for the full implementation of the new requirements contained in the Payment Card Industry Data Security Standard (PCI DSS) version 4.0....more

Husch Blackwell LLP

Mark Your Calendars: Key 2024 Compliance Dates for Consumer and Small Business Financial Services Regulations

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One of the primary challenges with working in U.S. financial services is keeping up with the ever-changing federal and state regulatory landscape. Juggling the day-to-day fire drills while staying atop of regulatory changes...more

Ballard Spahr LLP

CFPB continues to look to creditors to help servicemembers take advantage of SCRA benefits

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On January 12, 2023, the Consumer Financial Protection Bureau (“CFPB”) issued a report highlighting an increase in reported incidents of identity theft by servicemembers. The report, titled “Servicemember reports about...more

Cozen O'Connor

AG James Alleges Sporting Goods Retailer Whiffed on Defending Consumer Data

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New York AG Letitia James settled with Sports Warehouse, Inc. and affiliated entities to resolve allegations that the online sporting goods retailer maintained poor data security practices that led to the compromise of...more

McDermott Will & Emery

[Webinar] PCI DSS 4.0: Third-Party Service Providers and Risk Management - June 7th, 12:00 pm - 1:00 pm EDT

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Join members of McDermott’s Global Privacy & Cybersecurity team and Alan Gutierrez-Arana of Mazars for the next installment in our PCI DSS 4.0 series. PCI DSS 4.0 brings major changes to payments with an increased focus on...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

Nutter McClennen & Fish LLP

Nutter Bank Report: August 2022

Headlines - ..New FDIC Guidance Highlights Risks from Multiple NSF Fees for Re-presented Items ..Fed Provides Advice to Banks Engaging in Crypto-Asset-Related Activities ..Federal Banking Agencies Propose Policy...more

WilmerHale

$8 Million Multistate Settlement Resolves 2019 Data Breach Investigation

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State Attorneys General settle with Wawa, Inc. for 2019 data breach that compromised approximately 34 million payment cards used by consumers. On July 26, 2022, Acting New Jersey Attorney General Matthew J. Platkin...more

McDermott Will & Emery

PCI DSS 4.0 Introduces Transformational Change: New Risk Analysis, Governance Requirements and Alternative Customized Approach

On March 31, 2022, the Payment Card Industry Security Standards Council released version 4.0 of its Data Security Standard (PCI DSS 4.0). The new version—which brings major changes to the payments ecosystem—places an...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #296 – Hackers Dump One Million Credit Cards for Sale on Dark Web

To establish credibility for their new criminal marketplace, cyber criminals have posted details on over 1,000,000 credit cards, stolen between 2018 and 2019, including card number, CVV number, name and address on the dark...more

Shook, Hardy & Bacon L.L.P.

The Eleventh U.S. Circuit Wades into the Data-Breach-Standing Debate

Last week, in a 26-page opinion, the 11th U.S. Circuit Court of Appeals weighed in on two questions crucial to the viability of privacy and data breach litigation in federal court—and perhaps even in general. First, does a...more

Sheppard Mullin Richter & Hampton LLP

Travel Giant Sabre Reaches Deal with State Attorneys General Over Data Breach

The travel giant Sabre Corp. has reached an agreement with multiple State Attorneys General to pay $2.4 million and make certain changes in its cybersecurity policies to settle a multi-state investigation into a 2017 data...more

The Volkov Law Group

Lessons Learned from the Capital One Data Breach (Part I of III)

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Not to say, I told you so, but around the same time that the Capital One data breach occurred, I was reminding clients that nearly half of  all significant data breaches or cyber-incidents occur because of internal actors. ...more

White & Case LLP

Consumer financial services: The road ahead: Payment processing

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The CFPB continued to be active in the consumer payments space in 2018, while the Federal Reserve and market participants considered the future of payment processing, including the development of faster payment systems....more

Fox Rothschild LLP

French Data Authority CNIL Issues Guidance On Credit Card Data

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The French Data Protection Authority, CNIL, issues guidance on credit card data in remote transactions: Merchants who collect credit card detail to facilitate a transaction, need the consent of their customers to keep...more

White and Williams LLP

PCI SSC Issues New Standards for Payment Software

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The Payment Card Industry Security Standards Council (PCI SSC) has issued a new Software Security Framework for secure payment software. The new framework includes both a Secure Software Standard and Secure Software Life...more

BCLP

Negotiating Payment Processing Agreements

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Credit cards are the primary form of payment received by most retailers. In order to process a credit card a retailer must enter into an agreement with a bank and a payment processor (a “Payment processing agreement”)....more

BakerHostetler

The Weekly Privacy Rewind

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Class Actions - Plaintiffs Seek Approval for $4.3 Million Settlement With Sonic in Credit Card Data Breach Suit • Following a variety of lawsuits against fast food chain Sonic Drive-In related to a 2017 credit card data...more

BCLP

Credit Card Breaches

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For most retailers credit cards are the primary form in which payments are made. Accepting credit cards, however, carries significant data security risks and potential legal liability. ...more

BCLP

Credit Cards and the Payment Card Industry Data Security Standard

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For most retailers their primary source of revenue comes from credit card transactions. In order to accept credit cards, a retailer must enter into a contractual agreement with a payment processor and a merchant bank....more

Kilpatrick

Seventh Circuit: the economic loss doctrine precludes tort claims between participants in a contractual network that allocates...

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Takeaway: Data breaches are now a fact of life, whether for card-carrying consumers or commercial entities that are either victims of hacking or otherwise required to deal with the consequences. Class action litigation often...more

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