Archives: Security Breach

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Eighth Circuit Finds Article III Standing Yet Affirms Dismissal of Scottrade Breach Case

On August 21, 2017, the United States Court of Appeals for the Eighth Circuit affirmed the dismissal of a putative class action arising from the Scottrade data breach. Notably, however, the Eighth Circuit did not agree with the trial court’s ruling that the plaintiff lacked Article III standing, instead dismissing the case with prejudice for failure to state a claim. … Continue Reading

Delaware Amends Data Breach Notification Law

On August 17, 2017, as reported in BNA Privacy Law Watch, Delaware amended its data breach notification law, effective April 14, 2018. The amendments include expansion of the definition of personal information, timing of notification, changes to the harm threshold and credit monitoring service changes. … Continue Reading

Uber Settles FTC Data Privacy and Security Allegations

On August 15, 2017, the FTC announced that it had reached a settlement with Uber, Inc., over allegations that the ride-sharing company had made deceptive data privacy and security representations to its consumers. Under the terms of the settlement, Uber has agreed to implement a comprehensive privacy program and to undergo regular, independent privacy audits for the next 20 years.… Continue Reading

FTC Posts Second Blog in Its “Stick with Security” Series

On July 28, 2017, the FTC published the second blog post in its "Stick with Security" series. This week’s post, entitled "Start with security – and stick with it," looks at key security principles that apply to all businesses regardless of their size or the types of data they handle. The guidance offers five steps companies can take to ensure the security of the data they hold.… Continue Reading

FTC Launches Series of Blog Posts on “Reasonable Steps” to Protect Consumer Data

On July 21, 2017, the FTC announced its publication of "Stick with Security," a series of blog posts on reasonable steps that companies should take to protect and secure consumer data. The posts will build on the FTC’s Start with Security Guide for Businesses, and will be based on the FTC’s 60 plus law enforcement actions, closed investigations and questions from businesses. Every Friday for the next few months, the FTC will publish on its Business Blog a new post focusing on each of the 10 "Start with Security" principles.… Continue Reading

Ransomware Health Data Breach Affects 500,000 Patients

On June 26, 2017, Airway Oxygen reported that it was the subject of a ransomware attack affecting 500,000 patients’ protected health information. The attack is the second largest health data breach recorded by the Office for Civil Rights this year, and the largest ransomware incident recorded by OCR since it began tracking incidents in 2009. … Continue Reading

Record Data Breach Settlement in Anthem Class Action

On June 23, 2017, Anthem Inc., the nation’s second largest health insurer, reached a record 115 million dollar settlement in a class action lawsuit arising out of a 2015 data breach that exposed the personal information of more than 78 million people. Among other things, the settlement creates a pool of funds to provide credit monitoring and reimbursement for out-of-pocket costs for customers. … Continue Reading

Tempur Sealy Data Breach: Putative Class Action Filed

On June 12, 2017, a putative class action was filed in the U.S. District Court for the Northern District of Georgia against Tempur Sealy International, Inc. and Aptos, Inc. Tempur Sealy is a mattress, bedding and pillow retailer based in Lexington, Kentucky. Aptos is headquartered in Atlanta, Georgia, and formerly hosted and maintained Tempur Sealy’s … Continue Reading

Putative Data Breach Class Action Dismissed for the Third Time

On June 13, 2017, Judge Andrea R. Wood of the Northern District of Illinois dismissed with prejudice a putative consumer class action filed against Barnes and Noble. The case was first filed after Barnes and Noble’s September 2012 announcement that skimmers had tampered with PIN pad terminals in 63 of its stores and exposed payment card information.… Continue Reading
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