The California Song-Beverly Credit Card Act (the “Act”) – an act intended to protect the personal privacy of individuals during credit card transactions – may very well become the new trend in California privacy litigation. ...more
Privacy Tidbits to start your week - The Risk-Benefit Analysis of BYOD: As we have written in the past, the proliferation of the “bring your own device” (BYOD) trend is a high-wire balancing act for IT and...more
A California court ruled last week that retailers could lawfully collect ZIP code information to reduce credit card fraud, efforts that result in lower prices for consumers. Following the California Supreme Court’s decision...more
Another class action suit has been filed in Massachusetts in the zip code wars. This time, the target is instrument retailer Guitar Center for allegedly requesting customers to provide their zip codes when making purchases...more
A Friendly Reminder from the FTC: You May Be in Trouble - Continuing the countdown to the effective date of the amended Children’s Online Privacy Protection Act Rule, the Federal Trade Commission sent “educational...more
In This Issue: - Data-Breach Class Actions After the Supreme Court Decision in Clapper - California Supreme Court Holds That Song-Beverly Credit Card Act Does Not Apply to Online Purchases -...more
Earlier this month, we reported on the privacy case against craft giant Michaels Stores in which the plaintiff alleged that Michaels illegally collected zip codes during credit card transactions. The case was ultimately...more
In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are “personal identification information” and that a merchant asking for that information during a credit card...more
In a recent ruling arising from certain certified questions in Tyler v. Michaels Stores, Inc., Civ. No. 11-10920-WGY (D. Mass. Jan. 6, 2012, the Massachusetts Supreme Court interpreted “personal identification information”...more
In This Issue: Marc Roth and Lindsay Conner to Serve as Faculty for PLI Information Technology Law Institute 2013; Data Security, Emerging Tech to Be Focus for FTC; Mobile Payment Services Subject of New FTC Report;...more
Earlier this month, the Massachusetts Supreme Court issued an opinion holding that zip codes “may well qualify” as personally identifiable information under the Massachusetts law controlling the treatment of PII in credit...more
Today, Foley & Lardner LLP issued a Legal News Alert for our clients regarding the recent decision of the Massachusetts Supreme Judicial Court that ZIP Codes are “personal identification information” and therefore it is a...more
In a decision last week, the Massachusetts Supreme Court held that zip codes are personally identifiable information, perhaps serving as a harbinger for other state court decisions still yet to come. This ruling is important...more
The Supreme Judicial Court of Massachusetts recently held that collecting a consumer's ZIP code at the point of sale may violate Massachusetts General Laws Chapter 93, Section 105(a) (Section 105(a)), which restricts the...more
“May I have your zip code?” is an all-too-familiar question that may be going the way of the dinosaur in Massachusetts. Many retailers commonly ask customers for their zip codes when processing credit card transactions at,...more
Companies that accept online credit card payments should be keeping an ear very close to the ground for the California Supreme Court’s decision in Apple v. Superior Court (Krescent), expected within the next few weeks. ...more