News & Analysis as of

Identity Theft Retailers

Genova Burns LLC

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

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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

Eleventh Circuit Vacates Godiva FACTA Settlement

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Justice Kavanaugh said earlier this summer that “[c]ourts sometimes makes standing law more complicated than its needs to be.” The majority in the Eleventh Circuit took that statement to heart in its en banc opinion in...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - February 2020

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Researchers at Sentinel One and Dragos have detected malicious code, called EKANS or Snake, that has been designed specifically to target industrial control systems (ICS), including those of oil refineries, manufacturing...more

Proskauer - Advertising Law

Third Circuit Shreds Plaintiff’s Credit Card Receipt Case On Standing Grounds

The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act (“FACTA”), absent any showing of concrete harm, do not meet Article III standing requirements. Kamal v. J. Crew...more

Ballard Spahr LLP

Third Circuit: FACTA Class Plaintiff Lacked Concrete Injury Required for Standing Under Spokeo

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In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that because the named plaintiff in a class action complaint failed to allege a concrete injury...more

Fenwick & West LLP

Third Circuit Holds Procedural FACTA Violation Insufficient to Establish Standing

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The U.S. Court of Appeals for the Third Circuit added its voice to the chorus of circuit courts of appeal that have held that alleged procedural violations of the Fair and Accurate Credit Transactions Act (FACTA), such as the...more

Troutman Pepper

Third Circuit Finds That No Real Risk of Harm Means No Article III Standing

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The U.S. Court of Appeals for the Third Circuit recently held, for the first time, that a mere procedural violation of a statute does not present the material risk of harm that a plaintiff must allege to establish Article III...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - January 2019 #2

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Marriott International Inc. (Marriott) has released new numbers relating to its Starwood Hotel’s reservation database by stating that more than 5 million passport numbers were stolen in the database. ...more

Robinson+Cole Data Privacy + Security Insider

Neiman Marcus Settles Data Breach Litigation for $1.5 Million

Neiman Marcus Group LLC has settled an investigation of its 2013 data breach with 43 states and the District of Columbia for $1.5 million. The data breach involved 370,000 credit cards, where 9,200 of the cards were used in a...more

Foley & Lardner LLP

Companies Outside Retail And Financial Industries May Have Additional Arguments To Challenge Standing In Data Breach Cases

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The data breach at the U.S. Office of Personnel Management was one of the most serious and possibly one of the top ten largest data breaches of the 21st century, compromising background investigation records for some 22...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

American Thrift Stores announces data breach

American Thrift Stores announced this week that like other retailers, it has been hit with a security breach “that occurred through software used by a third-party service provider” that allowed “criminals from Easter Europe”...more

Dorsey & Whitney LLP

California Privacy Laws Change: Identity Theft Prevention and Mitigation Services

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Continuing the trend of changes in state breach notification and related laws, Cal. A.B. 1710 amends California's breach notification, security procedures, and Social Security number (SSN) laws in the wake of significant data...more

Blank Rome LLP

California Passes New Law Protecting Consumers From Data Breaches

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On September 30, 2014, Governor Jerry Brown signed Assembly Bill 1710, authored by Assembly Members Roger Dickinson (D-Sacramento) and Bob Wieckowski (D-Fremont). AB 1710 enhances consumer protections by strengthening the...more

Morrison & Foerster LLP

Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 2, Summer 2014

In This Issue: - Are Offers Of Free Credit Monitoring About To Become Mandatory In Data Breach Incidents? - Mandatory “Made-In” Labeling in the EU - A New Dawn for California Class Actions - Recent...more

Mintz - Privacy & Cybersecurity Viewpoints

On the 11th Day of Privacy, class counsel served on me……

. . . a data breach class action. Hackers and plaintiffs’ lawyers could combine to make 2014 the year when class actions concerning theft of sensitive information proliferate. On this 11th Day of Privacy, we look...more

Adler Pollock & Sheehan P.C.

Retailers Should Use Caution In Collecting Zip Codes From Consumers

In a recent decision, Tyler v. Michaels Stores, the Supreme Judicial Court of Massachusetts ("SJC") has increased the risk of class action lawsuits under M.G.L. c. 93A against retailers who collect consumers' ZIP codes during...more

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