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UPDATE: Target Confirms It Has Negotiated A $19 Million Data Breach Settlement With MasterCard

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Target confirmed a report in the Wednesday edition of The Wall Street Journal of a settlement with MasterCard concerning claims of card-issuers arising from Target’s 2013 data breach.  The data breach, which occurred during the post-Thanksgiving holiday shopping season, compromised over 40 million credit and debit cards used to make purchases at Target stores. The… Continue Reading

Report: Target Close To $20M Data Breach Settlement With Master Card

Posted in Class Action Litigation, Data Breach, Privacy Litigation

According to a report published today in The Wall Street Journal, Target and MasterCard are close to reaching a settlement of the claims of MasterCard-issuing institutions in connection with Target’s 2013 data breach.  The settlement would reimburse the cost of reissuing debit and credit cards compromised by the breach, as well as a portion of… Continue Reading

Precedent and the Price Explain Why Target and the Consumer Class Agreed to an Early Data Breach Settlement

Posted in Class Action Litigation, Data Breach, Data Breach Notification, Privacy Litigation, Uncategorized

On March 18, 2015 – just three months after denial of a motion to dismiss consumer claims arising from Target’s 2013 data breach – Target and the consumer class filed papers seeking approval of a settlement.  The proposed settlement agreement creates a  $10 million cash fund to be paid out to class members claiming actual damages arising… Continue Reading

Target Data Breach Price Tag: $252 Million and Counting

Posted in Class Action Litigation, Cybersecurity, Data Breach, Data Breach Notification, Privacy Litigation

In a recently-released Form 8-K filing announcing fourth quarter and year-end financial results, Target Corporation reported that expenses incurred in 2014 relating to its 2013 data breach totaled over $191 million.  Those expenses were offset by $46 million in insurance proceeds, resulting in a $145 million charge against Target’s 2014 operating results.  The expenses incurred… Continue Reading

The Anthem Data Breach: The Fallout and What’s Next

Posted in Class Action Litigation, Cybersecurity, Data Breach, Data Breach Notification, HIPAA/HITECH, Identity Theft

By now (unless you have been under a snow drift), you have likely heard about the apparent intrusion into a database at the nation’s largest health insurer, Anthem, Inc.  Rather than reiterate the facts as currently known (see Anthem’s dedicated website for updates), we’ll look at the fallout and what’s next.

Viacom and Google Win Important Dismissal in Online Tracking Class Action

Posted in Class Action Litigation

Last week the United States District Court for the District of New Jersey dismissed, with prejudice, class action claims against Google and Viacom concerning targeted advertising and the online tracking of children through cookies.  Perhaps surprisingly, the claims did not involve allegations that the parties violated the Children’s Online Privacy Protection Act (COPPA).  The suit… Continue Reading

Consumer Claims Survive Motion to Dismiss in Target Data Breach Class Action

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Written by Kevin McGinty A recent ruling by Federal District Judge Paul Magnuson will permit most of the consumer claims in the Target data breach litigation to survive Target’s motion to dismiss.  This most recent ruling follows on the heels of the court’s December 2 decision partially denying Target’s motion to dismiss consolidated complaint of… Continue Reading

FCC’s Retroactive Solicited Fax Opt-Out Waiver Window Closing

Posted in Class Action Litigation

Written by Ernie Cooper Businesses that engage in fax advertising and solicitation should pay careful attention to the recent ruling by the Federal Communications Commission clarifying that even fax advertisements sent with the prior express invitation or permission of the recipient must include an opt-out notice that: (1) is clear and conspicuous and on the… Continue Reading

Issuer Banks’ Claims in Target Data Breach Litigation Survive Motion to Dismiss

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Written by Kevin Mc Ginty Federal District Judge Paul Magnuson has ruled that banks that issued credit and debit cards to customers whose data was stolen in the December 2013 Target data breach could continue to litigate claims against Target for negligence and violation of Minnesota’s Plastic Security Card Act (“MPCSA”), Minn. Stat. § 325E.64.  The… Continue Reading

Home Depot Data Breach Litigation: Venue and Consolidation

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Written by Kevin McGinty Substantive litigation in the flood of lawsuits concerning the recent Home Depot data breach awaits a determination of where the cases will be heard.  Numerous overlapping lawsuits have been filed in courts throughout the United States asserting claims on behalf of consumers and financial institutions arising from the massive theft of… Continue Reading

Ninth Circuit Rules Marketing Consultant Can Be Held Vicariously Liable for Text Messages under TCPA

Posted in Class Action Litigation, Privacy Litigation

Written by Ernie Cooper  In a ruling issued late last week, the Ninth Circuit held that a marketing consultant that hired a firm to send text messages for a third party could also be held vicariously liable for violations of the Telephone Consumer Protection Act (TCPA).  The marketing consultant acknowledged that Federal Communications Commission orders… Continue Reading

Privacy Monday – September 8, 2014

Posted in Class Action Litigation, Cybersecurity, Data Breach, Data Breach Notification, Privacy Monday

Back to school, back to traffic jams … back to Privacy Mondays! Our look at bits and bytes and goofs and gaffes in data privacy and security Home Depot Breach Update It has been nearly a week, and The Home Depot has still not confirmed that it is the latest victim of point-of-sale hackers in… Continue Reading

Update on Google Unauthorized Children’s In-App Purchase Class Action: THE SHOW MUST GO ON!

Posted in Children, Class Action Litigation, Privacy Litigation

Written by Julia Siripurapu, CIPP U.S. District Court Judge Ronald M. Whyte has issued an order  granting in part and denying in part Google’s Motion to Dismiss the class action filed against the Company on ­March 7 in the U.S. District Court for the Northern District of California as a result of unauthorized children’s in-app purchases… Continue Reading

Hulu Scores a Victory (at least temporarily) in Avoiding Class Certification

Posted in Class Action Litigation, Privacy Litigation

Written by Meredith Leary Another important decision has been rendered in the ongoing In re: Hulu Privacy Litigation saga pending in the United States District Court for the Northern District of California, this time denying – without prejudice – the proposed certification of a class of Hulu users pursuing claims involving Hulu’s allegedly wrongful disclosure of “cookies.” … Continue Reading

Aggressive Liability Theory Does Not Eliminate Obstacles To Banks’ Claims In Target Data Breach Class Action

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Written by Kevin McGinty The latest salvo in the Target data breach litigation is a class action brought by credit card issuing banks advancing a creative and somewhat misleading construction of the Minnesota’s Plastic Card Security Act.  The banks allege that there was a violation of the statute’s prohibition on retaining PIN, security code and… Continue Reading

Unauthorized Children’s In-App Purchases Round Two: Google Faces Class Action

Posted in Children, Class Action Litigation

Written by Julia Siripurapu, CIPP/US Just two months after Apple’s settlement with the FTC over lax parental controls over children’s in-app purchases (see our prior blog post), Google takes the spotlight with claims of unauthorized children’s in-app purchases in the Google Play Store! This time, it’s not an FTC action, but a class action. The… Continue Reading

Damages Issues Again Thwart the Bulk of Plaintiffs’ Claims in the PlayStation Network Data Breach Class Action

Posted in Class Action Litigation, Data Breach

Written by Kevin McGinty In the latest chapter in the Sony PlayStation Network (“PSN”) data breach saga, a decision that issued on January 21, 2014 permanently dismissed all but a handful of the class action claims advanced in a 51 count complaint.  Plaintiffs, representing a putative nationwide class of PSN users, asserted dozens of state… Continue Reading

On the 11th Day of Privacy, class counsel served on me……

Posted in Class Action Litigation, Data Breach

. . . a data breach class action.  Hackers and plaintiffs’ lawyers could combine to make 2014 the year when class actions concerning theft of sensitive information proliferate.  On this 11th Day of Privacy, we look ahead at the prospects for privacy class actions in the coming year. Written by Kevin McGinty When asked why he robbed banks,… Continue Reading

The Dark Cloud Over Nordstrom’s Black Friday: California Law May Prohibit Retailers from Collecting Email Addresses at Checkout

Posted in Class Action Litigation, Privacy Litigation

Written by Jake Romero, CIPP/US This past weekend if you survived the towel aisle and other Black Friday dangers and made it to the register to purchase your items, it is possible you were asked to provide an email address so that your receipt could be emailed to you.  This type of request is the… Continue Reading

Google pays BIG to state Attorney Generals for Improper Consumer Tracking

Posted in Class Action Litigation, Data Compliance & Security, Federal Trade Commission, Privacy Litigation, Privacy Regulation

Written by Julia Siripurapu Earlier this month, Google, Inc. (“Google” or “Company”) entered into an  agreement with the Attorney Generals of 37 states and the District of Columbia, settling allegations of violation of  the participating states’ consumer protection or applicable computer abuse statutes (the “Settlement Agreement”). Here’s what got the tech giant in trouble: Google… Continue Reading

Google Must Face Most Claims in Keyword Wiretap Class Action

Posted in Class Action Litigation, Privacy Litigation

Written by Jake Romero If you were on Google’s home page yesterday at the office, you probably spent more time than you care to admit playing the “help the letter ‘g’ hit the piñata” game that Google created for its 15th birthday. For Google, that might be a welcome distraction from very bad news it received… Continue Reading

Privacy Monday – September 9, 2013 — NIST Draft Cybersecurity Framework

Posted in Class Action Litigation, Cybersecurity, Data Breach, Privacy Monday

This Privacy Monday, there are a few important items of note, rather than the usual “bits and bytes”. NIST RELEASES DISCUSSION DRAFT OF CYBERSECURITY FRAMEWORK After several months of work, the National Institute of Standards and Technology has published a draft of its cybersecurity “Framework.” Developed in response to an executive order from President Obama,… Continue Reading

Your Face is for Sale! The 4 Most Interesting Things About the Proposed Update to Facebook’s Governing Documents

Posted in Class Action Litigation, Privacy Litigation

Written by Jake Romero If you use Facebook (and you likely do, if only to play some game that apparently involves crushing large amounts of candy), then you received an email last week informing you that Facebook is proposing changes to its Data Use Policy and Statement of Rights and Responsibilities.  The proposed changes are… Continue Reading