News & Analysis as of

Identity Theft

Patterson Belknap Webb & Tyler LLP

Second Circuit Affirms Dismissal of Class Action Based on Claimed “Increased Risk” of Harm

Is there standing to bring a lawsuit when an employee’s personal information is mistakenly circulated to all employees at the company?  A recent decision addressed exactly this question. In McMorris v. Carlos Lopez &...more

Genova Burns LLC

N.J. Supreme Court Revives Register Receipt Class Action - Warning Trial Courts Not to Dismiss Class Claims Prematurely

Genova Burns LLC on

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

Womble Bond Dickinson

FTC Reaches Largest FCRA Settlement To Date

Womble Bond Dickinson on

On April 29, 2021, the FTC announced a $20 million settlement with Vivint Smart Home, Inc. (Vivint), a national seller of in-home security and monitoring systems, based on violations of the Fair Credit Reporting Act, the FTC...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Addresses Critical Issue in Data Breach Class Actions: Article III Standing Based on Allegations of Future Misuse...

On April 26, 2021, the Second Circuit Court of Appeals decided the case of McMorris v. Carlos Lopez & Assocs., No. 19-4310, 2021 WL 1603808 (2d Cir. Apr. 26, 2021) and addressed one of the most critical issues in private data...more

Cozen O'Connor

Smart Home Monitoring Company Pays $20 Million To Settle Allegations Of Consumer Credit Reports Misuse

Cozen O'Connor on

The Federal Trade Commission (“FTC”) reached a settlement with smart home security and monitoring company Vivint Smart Homes Inc. (“Vivint”) to resolve allegations that it improperly obtained and misused consumer credit...more

Cooley LLP

Alert: Second Circuit Rules Individuals Have Standing to Sue for ‘Increased Risk’ of Identity Theft

Cooley LLP on

Earlier this week, the United States Court of Appeals for the Second Circuit held that where personal information is disclosed without authorization, impacted individuals may have standing to sue if they can show an...more

Dentons

IWD job service claims theft a growing problem

Dentons on

Many employers are facing growing problems with identity theft in a new way: data is being used to file false claims including requests for job service benefits and SBA loans through the PPP, among others. To address this...more

Williams Mullen

North Carolina Proposes Expansive Consumer Privacy Protections

Williams Mullen on

On April 6, 2021, the North Carolina General Assembly introduced Senate Bill 569: the Consumer Privacy Act of North Carolina (CPA), that would expand protections to consumers in the North Carolina Identity Theft Protection...more

Bryan Cave Leighton Paisner

FINRA Files Complaint Against Firm CEO/CCO for Causing Regulation S-ID Violations, In First-Ever FINRA Enforcement Case of its...

FINRA recently filed a Complaint against a Chief Executive Officer and Chief Compliance Officer of a registered broker-dealer alleging, among other things, that the individual caused the broker-dealer to have wide-ranging...more

Searcy Denney Scarola Barnhart & Shipley

Be Aware, Be Skeptical — So Many Scams Aimed at Taxpayers

Tax season leaves some Americans rejoicing in their refunds and other grousing about how much they owe. Whatever the case, paying them – whether in one lump sum or throughout the year – it is a civic duty that, while not very...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #279 – IRS Imposters Targeting Students and Faculty

How many times can we say that the Internal Revenue Service (IRS) will NOT email or telephone you? We will say it again. If you receive a telephone call, email or text from someone saying they are from the IRS, it is A SCAM....more

Patterson Belknap Webb & Tyler LLP

Aggravated Identity Theft Conviction Affirmed Despite Ambiguous Statutory Language

In United States v. Wedd, the Second Circuit (Cabranes, Park, Nardini), affirmed the defendant’s 2018 convictions for aggravated identity theft (among other offenses), which arose from a scheme to auto-subscribe customers to...more

Foley Hoag LLP - White Collar Law &...

Pandemic Fraud

This is the seventh in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry was on FCA enforcement. Up next, healthcare...more

Thomson Reuters Regulatory Intelligence and...

Fraud risk must be managed as pandemic fuels AI use for customer onboarding, experts say

As financial institutions increasingly rely on artificial intelligence & other emerging technologies to increase the efficiency of customer onboarding, fraud risk must still be addressed Wall Street firms have turned to...more

Jackson Lewis P.C.

The Circuit Split Continues: 11th Circuit Weighs In On Standing In Data Breach Litigation

Jackson Lewis P.C. on

The 11th Circuit recently weighed in on the hottest issue is data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Joining several other circuit courts, the 11th Circuit in Tsao...more

Arent Fox

Investigations Newsletter: Judge Rules Against Seizure of $330 Million Allegedly Connected to 1MDB Fraud Scheme

Arent Fox on

Judge Rules Against Seizure of $330 Million Allegedly Connected to 1MDB Fraud Scheme - On March 9, California District Court Judge Dale S. Fischer ruled that the government could not seize about $330 million in assets...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #276 – Free Weekly Credit Reports Offered by Credit Reporting Agencies

The best way to find out if you have been the victim of identity theft and to determine what accounts may have been opened in your name by criminals is to get a copy of your credit report....more

McGlinchey Stafford

Two TCPA Updates That Auto Finance Companies Need To Know

McGlinchey Stafford on

The Telephone Consumer Protection Act (TCPA), and the barrage of litigation that stems from its various interpretations, is always in the news. In fact, there is so much change that it’s often hard for a casual follower to...more

Womble Bond Dickinson

The Era of Retail Biometric AI Crime Has Begun

Womble Bond Dickinson on

Each new technology seems to offer creative tools for both criminals and law enforcement.  Telegraphs and telephones spawned wire and phone fraud. The era of digital networking ushered in the age of hacking. Digital banking...more

Roetzel & Andress

Fraudulent Unemployment Claims Continue To Rise in Ohio

Roetzel & Andress on

Unemployment claims throughout Ohio continue to rise, and at the same time, fraudulent employment claims have also increased at an alarming rate. At the beginning of this month, over 128,000 claims were filed with the Ohio...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #275 – Think Twice Before Posting Your Vaccine Card on Social Media

Some of those who are fortunate enough to have received the COVID-19 vaccine are so excited that they have been posting their vaccine card on social media accounts. ...more

King & Spalding

Eleventh Circuit Holds Risk of Future Identity Theft Insufficient to Confer Article III Standing in a Data Breach Class Action

King & Spalding on

On February 4, 2021, the Eleventh Circuit became the latest federal court of appeals to weigh in on a question that has divided the circuits: whether a plaintiff has standing to sue in a data breach case based on an alleged...more

Bilzin Sumberg

Standing in a Data Breach Case May Depend on Where a Plaintiff Stands

Bilzin Sumberg on

To sue in federal court, a plaintiff must allege an injury that the court can actually remedy, rather than just issuing an advisory opinion, and a connection between the defendant’s conduct and the actual injury. See...more

FTI Consulting

Ask the Expert: Can Vaccine Providers Be Trusted to Safeguard Our Identities?

FTI Consulting on

In his inauguration speech on January 20, President Joe Biden promised to “get at least 100 million [COVID-19] vaccinations into the arms of the American people in the first 100 days.” Recent evidence indicates he is on track...more

Alston & Bird

Eleventh Circuit Holds Risk of Future Harm Does Not Establish Article III Standing

Alston & Bird on

As part of a growing trend, the Eleventh Circuit recently held that an alleged risk of future identity theft does not establish standing where the plaintiff does not allege any information has actually been misused. Tsao v....more

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Updated: Apr 27, 2021:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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