An online retailer may collect personal information such as an address or telephone number from a customer as a prerequisite to processing a credit-card transaction without violating California law, a California Superior Court for San Francisco County has ruled. Under California’s Song-Beverly Act, no business that accepts credit cards may “request, or require as a […]
Google Granted Right to Appeal Wiretap Ruling
A federal court in San Francisco granted Google’s request to appeal the court’s ruling last month that Google could be held liable under the federal Wiretap Act for intercepting data from unencrypted Wi-Fi networks. In connection with its Street View program, Google collected information regarding available Wi-Fi networks as well as snippets of data, including […]
Supreme Court to Decide Whether Mental and Emotional Injuries Are “Actual Damages” in Privacy Act Violations
On the same day the United States Supreme Court handed down its landmark decision in Wal-Mart Stores, Inc. v. Dukes, the Court also granted certiorari in FAA v. Cooper, a case coming out of the Ninth Circuit with a potentially significant effect on privacy law. In Cooper, the Court will attempt to resolve a split […]
New FFIEC Guidance on Internet Banking Authentication
On June 28, 2011, the Federal Financial Institutions Examination Council (“FFIEC”) updated their 2005 guidance, Authentication in an Internet Banking Environment (October 12, 2005) (the “Original Guidance”), on authentication for Internet banking. Titled the ” Supplement to Authentication in an Internet Banking Environment” (the “Supplemental Guidance”), the Supplement Guidance sets forth common issues that, beginning […]
Bench Opinion – Experi-Metal, Inc. v. Comerica Bank
On June 13, 2011, the United States District Court for the Eastern District of Michigan in Experi-Metal, Inc. v. Comerica Bank, No. 09-14890 (E.D. Mich. June 13, 2011) held Comerica Bank liable for unrecovered funds fraudulently transferred from Experi-Metal’s accounts via the bank’s online wire transfer service. The court found that the bank did not […]