Iowa Governor Terry Brandstad has signed Senate File 2259, an act modifying provisions applicable to personal information security breach notification requirements. Iowa’s law will now require notice of breaches of unauthorized acquisition of information that is on paper (in addition to computerized data) and to require notice to the consumer protection division of the state […]
Identity Theft
District Court Denies Wyndham Motion to Dismiss and Supports FTC’s Authority in Data Breach Cases
In Federal Trade Commission v. Wyndham Worldwide Corp., et al., No. 13-cv-01887-ES-JAD (D.N.J. Apr. 7, 2014), Judge Esther Salas of the U.S. District Court for the District of New Jersey denied Wyndham’s request for dismissal of the FTC’s lawsuit against the hotel resort chain as a result of getting hacked.* Wyndham had challenged the FTC’s […]
Energy and Commerce Committee to Hold First U.S. House of Representatives Hearing in 2014 on Protecting Consumer Information and Preventing Data Security Breaches
Following the recent announcement of two U.S. Senate committee hearings on data security breaches, the House Energy and Commerce Committee announced the first U.S. House of Representatives hearing to examine the issue. During the same week as the Senate hearings, the committee’s Subcommittee on Commerce, Manufacturing and Trade (CMT), chaired by Rep. Lee Terry (R-NE), will […]
U.S. Senate Banking and Judiciary Committees to Hold Hearings Examining Data Security Breaches, Identity Theft, and the Safeguarding of Consumers’ Financial Data
The U.S. Senate Committees on Banking and the Judiciary will each host hearings during the week of February 3, 2014, to examine the impact on consumers from recently reported data security breaches and what measures may be taken to protect sensitive information of consumers, including customer financial information, from criminal acquisition and misuse. Consistent with […]
Fifth Circuit Revives Banks’ Heartland Data Breach Claims
In Lone Star Nat’l Bank, N.A., et al. v. Heartland Payment Sys., Inc., No. 12-20648 (5th Cir. Sept. 3, 2013) (hereinafter “Heartland”), arising from the now-infamous 2008 data breach, the Fifth Circuit recently reversed a motion to dismiss, finding that the economic loss doctrine did not apply and that various credit card issuers could state […]