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Wiley Rein LLP

Wiley Consumer Protection Download (February 13, 2023)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Bilzin Sumberg

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

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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

Sunstein LLP

Twenty Years Under the Microscope: A Small Business, a Data Breach and the FTC

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James Grago has a nice business going. He runs a website called ClixSense.com that permits users to earn money by completing surveys and watching advertisements. Revenues grew from $6.7 million in 2015 to $9.1 million in...more

Mintz - Privacy & Cybersecurity Viewpoints

But Wait, There’s Less – Equifax Settlement Update

We know we told you yesterday about the Equifax settlement and how you could make a claim in connection with the breach. Well, consumers whose personal information was compromised in Equifax’s massive 2017 data breach are in...more

Mintz - Privacy & Cybersecurity Viewpoints

FTC and Equifax Reach Historic Settlement

The Federal Trade Commission (“FTC”), the Consumer Financial Protection Bureau, and 50 U.S. states and territories, have reached a global settlement agreement with Equifax Inc. (“Equifax”), according to which, Equifax agreed...more

ArentFox Schiff

FTC Reminds Auto Dealer Vendor to Slow Down & Consider Security

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The Federal Trade Commission (FTC) recently released updated data security guidance in connection with a proposed settlement with LightYear Dealer Technologies, LLC (dba DealerBuilt), a service provider for the auto dealer...more

Fisher Phillips

Strict Privacy and Data Security Bill Introduced in North Carolina

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Early last year, I posted about tougher, bi-partisan privacy and data security legislation in the works in North Carolina. North Carolina State Representative Jason Saine (R), Senior Appropriations Chair, teamed-up with North...more

Cozen O'Connor

The State AG Report Weekly Update April 2019 #4

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Consumer Financial Protection Bureau- CFPB Changes Policies Regarding Civil Investigative Demands- The Consumer Financial Protection Bureau (“CFPB”) announced changes to its policies regarding civil investigative demands...more

K&L Gates LLP

North Carolina Attorney General Proposes Stringent Data Breach Legislation

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On January 17, 2019, North Carolina Attorney General Josh Stein (D) and Representative Jason Saine (R) held a press conference announcing plans to introduce legislation that would strengthen North Carolina’s Identity Theft...more

Robinson+Cole Data Privacy + Security Insider

Adidas Removes Putative Class Action Suit Arising Out of the Data Breach Announced Earlier this Year

On June 28, 2018, Adidas released a statement announcing that it recently “became aware that an unauthorized party claims to have acquired limited data associated with certain Adidas consumers.”...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Dechert LLP

Appellate Court Directs FTC to Be More Specific in its Data-Security Orders

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In a closely watched data-security case, the U.S. Court of Appeals for the Eleventh Circuit vacated as unenforceable a cease and desist order issued by the U.S. Federal Trade Commission (FTC) against LabMD, Inc. According to...more

Parker Poe Adams & Bernstein LLP

N.C. Federal Court Allows Treble Damages Claim Based on Theft of Employee Personal Information

As the global focus on data protection increases, so expands the liability exposure for data holders following a breach. Employers collect significant amounts of sensitive personal information about their employees over the...more

Poyner Spruill LLP

Proposed Changes To NC Identity Theft Protection Act - What Do Businesses Need To Know?

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The year was 2005. The iPhone was still two years away. Facebook was still a niche product. Tweeting was a birds-only activity. And North Carolina was one of the first states in the union to enact a data breach notification...more

Ballard Spahr LLP

State and Local Governments Move Swiftly to Sue Equifax.

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The cities of Chicago and San Francisco and the Massachusetts Attorney General have filed the first enforcement actions against Equifax following the announcement of a data breach affecting an estimated 143 million consumers....more

Pillsbury Winthrop Shaw Pittman LLP

Cyberattacks Are the New Norm - How to respond and get insurance recovery for government investigations.

Takeaways - Companies that suffer cyberattacks can expect not sympathy but scrutiny from legal authorities. - D&O insurance can cover not only litigation but also investigation costs. - Strategic negotiation of...more

Proskauer on Privacy

A Year in Review: FTC Data Privacy Actions and its Impacts on 2017 and Beyond

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Whether it means taking a prominent role shaping data security for the Internet of Things, or addressing high profile breaches, the FTC has adopted an active position in policing data privacy and security. And, as data...more

Lowndes

A Primer On FTC Cybersecurity Enforcement

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According to the Breach Level Index, the total number of data records lost or stolen in just the first half of 2016 was 554,454,942, stemming from 974 breach incidents. In the entire year of 2015, there were 707.5 million...more

Robinson+Cole Data Privacy + Security Insider

Top Ten Education Developments, Breaches, and Settlements of 2016

This year has been a busy year for education law in the area of data privacy. Educational institutions continue to be a rich target for hackers. Additionally, there were some important developments in the interpretation of...more

Bennett Jones LLP

Cybersecurity: United States Federal Trade Commission Strikes Again

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The United States Federal Trade Commission ("FTC") strikes again. In the action by the FTC involving the cybersecurity breach of Toronto-based AshleyMadison.com (operated by Ruby Corp. and hereafter referred to as "Ashley...more

Robinson+Cole Data Privacy + Security Insider

16 data breach class action lawsuits filed again 21st Century Oncology consolidated

We previously reported that 21st Century Oncology suffered a data breach in October 2015 involving an intrusion into its systems which compromised around 2 million patients’ records, including their names, Social Security...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2016 #3

ANA, 4As Battle Over Transparency Guidance - Two industry groups are engaging in a public battle over transparency. The dispute began when a joint task force was formed between the American Association of...more

Bilzin Sumberg

Home Depot Challenges Banks’ Standing to Recover Losses Related to Data Breaches

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In the aftermath of major data breaches at deep-pocketed retailers and other businesses, there is typically no shortage of litigants who move quickly to seek compensation from the business at which the breach occurred. But...more

K&L Gates LLP

Proactive Protection of Consumers or Premature Penalty? Consumer Financial Protection Bureau Bucks the Trend in Data Security...

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Data breaches and cybersecurity attacks appear to be growing in frequency. Despite the increase in the number of such attacks, plaintiffs have found it difficult to establish a legal foothold for data breach claims, as...more

BakerHostetler

What the FTC’s Settlement With Wyndham Means for Your Company

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The recent settlement entered into between the Federal Trade Commission (FTC) Wyndham Hotels and Resorts and related companies (Wyndham) provides an important roadmap for companies seeking to avoid running afoul of the FTC’s...more

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