Category: Privacy & Information Security

1
Proposed Arbitration Fairness Act Would Ban Pre-Dispute Arbitration Clauses in Consumer Contracts
2
Five Steps To Data Breach Coverage For Card Issuer Liability
3
Client of Blast Fax Solutions Provider Hit with $22 Million TCPA Judgment
4
A Primer on Insurance Coverage Issues under the Telephone Consumer Protection Act
5
Social Media: 10 Fundamental Questions All Businesses Should Consider About Their Online Presence
6
Cybersecurity: The Obama Administration Proposes Legislation Proposals Would Standardize Breach Notification Requirements, Enhance Cybersecurity-Related Information Sharing, and Toughen Cybercrime Prosecution
7
Cybersecurity Lessons Learned From the FTC’s Enforcement History
8
Class Certification Trends in Consumer Data Breach Litigation—Individualized Damages Theories May Preclude Certification
9
CFPB Finalizes Rule Permitting Financial Institutions to Post Privacy Notices Online
10
K&L Gates Legal Insight: Privacy Reform and the Financial Sector: An Overview

Proposed Arbitration Fairness Act Would Ban Pre-Dispute Arbitration Clauses in Consumer Contracts

By: Andrew C. Glass, Robert W. Sparkes, III, Roger L. Smerage, Eric W. Lee

Two members of Congress are seeking to expand the reach of a federal ban on pre-dispute arbitration agreements to cover nearly all consumer contracts. The proposed legislation would have a widespread effect, barring the use of pre-dispute arbitration provisions in credit card agreements, auto loan agreements, wireless telephone service contracts, and many other types of consumer-facing agreements that often contain such provisions.

Read More

Five Steps To Data Breach Coverage For Card Issuer Liability

By: Roberta D. Anderson

Target’s recent $19 million settlement with MasterCard underscores very significant sources of potential exposure that often follow a data breach incident. In the wake of any significant breach involving payment cards, such as the Target breach, retailers and other organizations that accept those cards are likely to face — in addition to a slew of claims from consumers and investors — claims from financial institutions seeking to recover their losses associated with issuing replacement credit and debit cards, among other losses.

Read More

Client of Blast Fax Solutions Provider Hit with $22 Million TCPA Judgment

By: Joseph C. Wylie II, Molly K. McGinleyNicole C. Mueller

A new decision once again highlights the dangers that companies face if their independent contractors engage in conduct that violates the Telephone Consumer Protection Act, and highlights the need to monitor contractor compliance with the TCPA. In City Select Auto Sales, Inc. v. David/Randall Assocs., Inc., a federal court in New Jersey recently found a roofing company, David/Randall Associates, liable for $22.4 million under the TCPA for the actions of its blast fax solutions provider, Business to Business Solutions (B2B).

To read the full alert, click here.

A Primer on Insurance Coverage Issues under the Telephone Consumer Protection Act

By: Steven P. WrightGregory N. BlaseSamantha A. Miko

In the past several years, plaintiffs’ attorneys around the country have exploited a once-unknown 1991 law, the Telephone Consumer Protection Act (“TCPA”), to obtain headline-grabbing, multimillion-dollar judgments and settlements from some of the country’s largest financial services companies. Because financial services companies are often required to communicate with customers by telephone, these companies have attracted an undue amount of attention from the TCPA plaintiffs’ bar. Seemingly, each new day brings another lawsuit or settlement, and so, it is no surprise that the TCPA remains a hot topic in the financial services and related industries. In this alert, we explore current trends in insurance coverage claims attendant to TCPA class action claims.

To read the full alert, click here.

Social Media: 10 Fundamental Questions All Businesses Should Consider About Their Online Presence

By: Holly K. Towle, Kendra H. Nickel-Nguy

Twenty years ago, the social media world we now live in was the stuff of science fiction. Today, social media is a critical business tool creating unprecedented opportunities for direct consumer interaction, brand awareness, checking the pulse of key constituents and so much more. This incredible opportunity is not risk-free, however, and is the subject of new laws, application of old laws to new situations, and a significant amount of murkiness. Fortunately, the risks can be managed by considering the issues created by social media and that begins with asking the right questions. Below is a discussion of ten important questions every business can start with to better benefit from its social media presence.

To read the full alert, click here.

Cybersecurity: The Obama Administration Proposes Legislation Proposals Would Standardize Breach Notification Requirements, Enhance Cybersecurity-Related Information Sharing, and Toughen Cybercrime Prosecution

By: R. Paul Stimers, András P. Teleki, Bruce J. Heiman, Michael J. O’Neil

On January 13, 2015, in response to the continuing onslaught of cyber attacks, including the recent cybersecurity attack and data loss at Sony Pictures Entertainment, the Obama Administration sent to Congress three legislative proposals to improve cybersecurity. The proposals would:

  • Establish a single federal breach notification standard preempting a patchwork of state notification laws;
  • Encourage cyber threat information sharing within the private sector and between the private sector and the federal government; and
  • Enhance law enforcement’s ability to investigate and prosecute cyber crimes.

The President has been highlighting the cybersecurity proposals in a series of speeches leading up to the State of the Union Address.

To read the full alert, click here.

Cybersecurity Lessons Learned From the FTC’s Enforcement History

By: Soyong Cho, Andrew L. Caplan

In 2014, cybersecurity and data breach incidents regularly made the headlines, with the reported breaches becoming increasingly large and complex. As in the past, these data breaches have inevitably been followed by a flurry of class actions and government investigations. But amid this flurry of activity, one federal regulator in particular, the Federal Trade Commission (the “FTC” or “Commission”), has unquestionably been the most prominent and active cybersecurity enforcer.

To read the full alert, click here.

Class Certification Trends in Consumer Data Breach Litigation—Individualized Damages Theories May Preclude Certification

By: Nicholas Ranjan and James P. Angelo

In the last two years, there has been a proliferation of class action lawsuits filed in response to high-profile data breaches compromising the personally identifiable information of customers of various companies. Major corporations including Target, Coca-Cola, and Michaels have all fallen victim to such suits. In many cases, a single data breach event has spawned dozens of class action lawsuits (for example, Target, at one point, faced over 100 such suits in a number of jurisdictions, which have since been consolidated in an MDL).

Although a number of class actions in the data-breach context have been filed, there have been relatively few class certification decisions at this point. However, as the pending cases make their way to the class certification stage, two recent decisions may prove useful for defendants in attempting to defeat class certification—principally, on the basis of Federal Rule of Civil Procedure 23(b)(3)’s “predominance” requirement. That is, In re Hannaford Bros. Co. Customer Data Sec. Breach Litig., 293 F.R.D. 21 (D. Me. 2013) and Comcast v. Behrend, 133 S.Ct. 1426 (2013), suggest that class certification may be difficult in certain types of data breach cases due to the existence of individualized damages issues, which may undercut the predominance of common questions necessary to pursue a class action.

To read the full alert, click here.

 

CFPB Finalizes Rule Permitting Financial Institutions to Post Privacy Notices Online

By: Kristie D. Kully, David A. Tallman, Jeremy M. McLaughlin

Last week, the CFPB last week finalized its rule permitting certain financial institutions to post their annual privacy notices online, claiming it will benefit consumers and financial institutions alike. The rule became effective on October 28, 2014, and applies to banks and non-banks within the CFPB’s jurisdiction.

Read More

K&L Gates Legal Insight: Privacy Reform and the Financial Sector: An Overview

By: Andrea Beatty

Andrea Beatty, partner at K&L Gates joins BRR to discuss the new privacy reforms coming in next year and their effect on the financial sector.

To listen to the broadcast, click here.

Jacqui Scanlan: Andrea Beatty, partner at K&L Gates joins us to discuss privacy law reform in the financial sector. Andrea welcome to BRR Media.

Andrea Beatty: Thank you very much Jacqui

To read the full transcript, click here.

Copyright © 2019, K&L Gates LLP. All Rights Reserved.