Tag Archives: Litigation

California District Court Certifies Class in ZIP Code Collection Suit

Posted on May 21, 2012 by Hunton & Williams LLP

As reported in BNA’s Privacy & Security Law Report, on May 4, 2012, the United States District Court for the Southern District of California granted plaintiffs’ motion for class certification in an action against IKEA U.S. West, Inc. (“IKEA”) under the Song-Beverly Credit Card Act of 1971 (the “Song-Beverly Act”). The suit alleges that IKEA violated the Song-Beverly Act by requesting that cardholders provide their ZIP codes during credit card transactions, and then recording that information in an electronic database. The Court found that the class definition was not overbroad and that IKEA’s practice of requesting ZIP codes demonstrated common questions of law best resolved through a class action.

Tags: California, Class Action, Consumer Protection, Litigation, Payment Card, Personally Identifiable Information, ZIP Codes

American Bar Association Asks Courts to Consider Foreign Privacy Laws

Posted on February 24, 2012 by Hunton & Williams LLP

The American Bar Association’s (“ABA’s”) House of Delegates adopted a non-binding resolution urging courts to consider foreign data protection and privacy laws when resolving discovery issues. The full text of the resolution is as follows:

“RESOLVED, That the American Bar Association urges that, where possible in the context of the proceedings before them, U.S. federal, state, territorial, tribal and local courts consider and respect, as appropriate, the data protection and privacy laws of any applicable foreign sovereign, and the interests of any person who is subject to or benefits from such laws, with regard to data sought in discovery in civil litigation.”

Tags: American Bar Association, Article 29 Working Party, Cross-Border Data Flow, Data Controller, EU Data Protection Directive, European Commission, France, Litigation, Penalty

Third Circuit Holds Data Breach Plaintiffs Lack Standing

Posted on January 20, 2012 by Hunton & Williams LLP

On December 12, 2011, the United States Court of Appeals for the Third Circuit affirmed a decision that employees of Ceridian Corporation’s (“Ceridian’s”) customers did not have standing to sue Ceridian after the payroll processing firm suffered a data breach.

In December 2009, a hacker may have gained access to personal and financial information of Ceridian’s customers, including names, addresses, Social Security numbers, dates of birth and bank account information. Although it is not known if the hacker read, copied or understood the data, Ceridian sent notification letters to affected individuals informing them of the breach and offering to provide one year of complimentary credit monitoring and identity theft protection.

Tags: Consent Order, Consumer Protection, Credit Monitoring, Cybersecurity, Federal Trade Commission, Hacker, Litigation, Social Security Number

SEC Issues Disclosure Guidance on Cybersecurity Matters and Cyber Incidents

Posted on October 20, 2011 by Hunton & Williams LLP

On October 13, 2011, the Securities and Exchange Commission Division of Corporation Finance issued disclosure guidance (“Guidance”) regarding cybersecurity matters and cyber incidents. While the Guidance does not change existing disclosure requirements, it does add specificity to existing requirements. In some respects, that specificity is helpful, but the Guidance fails to take into account the uncertainty that inevitably accompanies efforts to assess and disclose cybersecurity matters and incidents.

Read a detailed summary of the Guidance and analysis regarding its effects, including its impact on disclosures both before and after a cyber incident, enforcement-related proceedings and potential litigation.

Tags: Cybersecurity, Litigation, Securities and Exchange Commission

New Jersey Courts Issue Conflicting Rulings in ZIP Code Collection Cases

Posted on October 18, 2011 by Hunton & Williams LLP

Last month, two New Jersey judges issued opposing decisions in class action lawsuits regarding merchants’ point-of-sale ZIP code collection practices. The conflicting orders leave unanswered the question of whether New Jersey retailers are prohibited from requiring and recording customers’ ZIP codes at the point of sale during credit card transactions.

Tags: California, Class Action, Consumer Protection, Litigation, New Jersey, Payment Card

Seventh Circuit Finds in Favor of Resellers in DPPA Suit

Posted on September 30, 2011 by Hunton & Williams LLP

On September 28, 2011, a federal court in Illinois held that West Publishing Company (“West”) had not violated the Driver’s Privacy Protection Act (“DPPA”) by reselling driver’s license information obtained from state DMVs. The court held that (1) the DPPA creates a federal private right of action permitting individuals like the plaintiffs to bring their class action suit, but (2) the lower court’s dismissal for failure to state a claim was proper.

Tags: Class Action, Illinois, Litigation

How the Supreme Court’s Decision in Sorrell v. IMS Health May Affect Forthcoming “Do Not Track” Legislation

Posted on September 9, 2011 by Hunton & Williams LLP

Following the U.S. Supreme Court’s ruling in Sorrell v. IMS Health, Thomas Julin, partner at Hunton & Williams LLP who represented IMS Health in the case, closely studied the Court’s decision to assess its implications, including with respect to other forthcoming legislation. In an interview with Marty Abrams, President of the Centre for Information Policy Leadership, during the Centre’s First Friday Call on September 9, 2011, Julin discussed the close parallels between the law invalidated in Sorrell v. IMS Health and proposed federal regulation of behavioral advertising such as the “Do-Not-Track Online Act of 2011,” which was introduced by Senator Jay Rockefeller (D-WV) in May 2011.

Listen to the full audio recording of Thomas Julin discussing his views on the implications of Sorrell v. IMS.

Read Julin’s article on this topic published by BNA’s Privacy and Security Law Report.

Tags: Consumer Protection, Do Not Track, Litigation, Marty Abrams, Supreme Court, Thomas Julin

Privacy and Information Security Law Blog - Global privacy and information security law updates and analysis

Tag Archives: Litigation

California District Court Certifies Class in ZIP Code Collection Suit

American Bar Association Asks Courts to Consider Foreign Privacy Laws

SEC Issues Disclosure Guidance on Cybersecurity Matters and Cyber Incidents

New Jersey Courts Issue Conflicting Rulings in ZIP Code Collection Cases

Seventh Circuit Finds in Favor of Resellers in DPPA Suit

How the Supreme Court’s Decision in Sorrell v. IMS Health May Affect Forthcoming “Do Not Track” Legislation

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