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Fraudulent Charges

Sheppard Mullin Richter & Hampton LLP

Hospice False Claims: AseraCare Lost A Battle But Has Helped Win The War

Last week, the 11th Circuit Federal Court of Appeals reversed summary judgment given to AseraCare in its hospice false claims case, setting up more litigation on the question whether AseraCare’s certifications were made in...more

Robinson+Cole Health Law Diagnosis

Eleventh Circuit Endorses Objective Falsehood Standard for False Claims Cases Concerning Physician Judgment of Hospice Eligibility

In a 3-0 decision issued September 9, 2019, the U.S. Court of Appeals for the Eleventh Circuit affirmed a three-year-old district court ruling in United States v. AseraCare, Inc. that a Medicare claim for hospice services...more

Carlton Fields

District of Connecticut Enforces Amex Arbitration Clause Where Cardmember Did Not “Opt Out”

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In a dispute involving fraudulent charges, the District of Connecticut required American Express and the cardmember to resolve their issue in arbitration, pursuant to the cardmember agreement, as amended. AmEx provided notice...more

Ballard Spahr LLP

CFPB issues fourth biennial report on credit card market

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The CFPB’s fourth biennial report on the credit card market was issued at the end of August. The Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act) requires the CFPB to perform periodic market...more

Carlton Fields

Fourth Circuit Compels Arbitration Over “Gateway” Issues Of Arbitrability

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This case involved a consumer, Charleene Novic, who obtained a credit card from Credit One. The card holder agreement contained an arbitration clause that stated “[c]laims subject to arbitration include … disputes related to...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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European antitrust authorities have delivered a stinging rebuke to Google in the form of a $5.1 billion penalty over its Android operating system practices. The sum displaces last year’s $2.7 billion fine, also against...more

Fenwick & West LLP

Appellate Court Affirms Dismissal of Former Employee's Data Breach Claims

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The U.S. Court of Appeals for the Third Circuit has found that plaintiffs must show a causal connection between the theft of their personal information and the purported harm that they have suffered in order to survive a...more

Fenwick & West LLP

Appellate Court Lowers Pleading Requirements for Standing in Optometrists’ Data Breach Suit

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The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...more

Carlton Fields

Sorry, But Your Credit Card (Class Action) Has Been Declined

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The Eastern District of New York recently declined to certify a putative class action filed by merchants against the four major credit card providers alleging antitrust violations. ...more

Mintz - Privacy & Cybersecurity Viewpoints

Going Down For A Third Time – Barnes & Noble Consumer Data Breach Claims Are Dismissed Again for Lack of Injury

Despite some courts’ evident confusion about the impact of payment card theft on consumer cardholders, other courts are getting it right. Just this week, a judge in the Northern District of Illinois issued an order dismissing...more

Fenwick & West LLP

Litigation Alert: Second Circuit Limits Standing to Bring Data Breach Class Actions

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This week, the U.S. Court of Appeals for the Second Circuit issued an important decision in Whalen v. Michaels Stores, placing the court at the center of the controversy around what allegations are sufficient to establish...more

Patterson Belknap Webb & Tyler LLP

Dismissal in Michael Stores Data Breach Case

In the latest decision on Article III standing in a data breach case, the U.S. Court of Appeals for the Second Circuit ruled that a credit card holder – who neither pleaded specific facts about the time or effort spent...more

Mintz - Privacy & Cybersecurity Viewpoints

Kimpton Data Breach Decision Highlights Lingering Confusion on Standing Issues

When data thieves steal payment card data, consumers suffer no legally cognizable injuries. Card issuers absorb the fraudulent charges and replace the affected cards. Because fraudulent charges are not billed to consumers,...more

Ballard Spahr LLP

CFPB March 2017 complaint report highlights credit card complaints, complaints from Massachusetts consumers

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The CFPB has issued its March 2017 complaint report that highlights credit card complaints. The report also highlights complaints from consumers in Massachusetts and the Boston metro area. ...more

Ballard Spahr LLP

State AGs seek to intervene in CFPB enforcement action to modify settlement terms

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The Attorneys General for the states of Connecticut, Indiana, Kansas, and Vermont recently took the unusual step of filing a joint motion to intervene to modify the settlement terms of a CFPB enforcement action....more

Butler Snow LLP

Financial Institutions’ Data Breach Class Action Bounced

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I’ve previously blogged about a new breed of data breach class actions filed by financial institutions against retailers (as opposed to customers suing retailers). In these cases, financial institutions claim that retailers...more

Robinson+Cole Data Privacy + Security Insider

Data Breach Class Action Case Dismissed Against Barnes & Noble

A federal judge in Illinois dismissed the class action lawsuit filed against Barnes & Noble stemming from a data breach in 2013. The breach occurred when credit and debit card PIN pads were compromised at 63 Barnes & Noble...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #48 – Watch Your Amazon Prime Now Account for Hacked Purchases

Those of you with Amazon Prime Now accounts love the convenience of getting goods delivered to your home RIGHT NOW, well at least within hours until Amazon drones become common place....more

Robinson+Cole Data Privacy + Security Insider

Kimpton Hotels investigates credit and debit card breach

Kimpton Hotels and Restaurants has announced that it is investigating a point-of-sale credit and debit card breach affecting approximately two dozen of its properties in the U.S....more

Carlton Fields

New York Appellate Court Finds “Electronic Data” Exclusion Applies to Data Breach

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The computer network of a Five Guys Burger franchise, RVST Holdings, LLC (RVST), was hacked. Customers’ credit card information was stolen and used to make numerous fraudulent charges. Trustco Bank brought an action against...more

Jackson Walker

First Choice Federal Credit Union vs. Wendy’s : Will Plaintiff’s EMV Arguments Get A Frosty Reception?

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Wendy’s suffered a data breach in the fall of 2015 that it recently reported affected one particular point of sale system at fewer than 300 restaurants. Wendy’s has already been sued as a result of the incident, including a...more

Robinson+Cole Data Privacy + Security Insider

ATM Skimmer pleads guilty in Rhode Island federal court

Skimming continues to be a problem for ATM machines and law enforcement continues to try to combat the problem. Skimming devices are attached to credit and debit card and ATM machines in order to intercept debit and credit...more

Mintz - Privacy & Cybersecurity Viewpoints

PCI DSS 3.2: It’s here, what does it mean for you?

The Payment Card Industry Security Standards Council (PCI SSC) has released a new version of its data security standard for the protection of cardholder data, the Payment Card Industry Data Security Standard (PCI DSS). PCI...more

Robinson+Cole Data Privacy + Security Insider

Trump Hotels investigating second credit card breach

KrebsOnSecurity has reported that sources from the banking industry have advised of a pattern of fraud on credit cards used at Trump Hotel Collection (Trump) properties. Trump has confirmed that it is investigating the...more

Robinson+Cole Data Privacy + Security Insider

Wendy’s faces class action over data breach

We wrote about Wendy’s investigation into a data breach at its chain restaurants at the beginning of January, and now Wendy’s faces a class action over that same breach. The suit claims that Wendy’s negligently exposed...more

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