Earlier this month, the United States District Court for the Northern District of Illinois entered an order dismissing with prejudice a putative class action concerning a security breach affecting PIN pad devices at numerous Barnes & Noble locations. The lawsuit, In re Barnes & Noble Pin Pad Litigation, No. 12-cv-8617 (N.D. Ill.), was brought by […]
Litigation
France adopts new regime for privacy class actions
A few weeks ago, France passed the Digital Republic Act which significantly enhances French citizens’ rights to privacy by offering new avenues to exercise rights and granting new powers to the French data protection authority. A recent amendment to the Data Protection Act, adopted November 18, 2016, goes a mile farther and introduces a new […]
Supreme Court Holds Congress Cannot Confer Automatic Standing By Statute
The Supreme Court has issued its much anticipated opinion in Spokeo Inc. v. Robins, No. 13-1339, 578 U.S. ___ (2016) (click here for a prior post detailing the procedural history and case background). The Supreme Court granted certiarori in Spokeo to determine whether a bare violation of a statute – the Fair Credit Reporting Act […]
FTC and Wyndham Settle Data Security Allegations
On December 9, 2015, the Federal Trade Commission announced that Wyndham Worldwide Corp., Wyndham Hotel Group LLC, Wyndham Hotels and Resorts, LLC, and Wyndham Hotel Management, Inc. (“Wyndham”) had agreed to settle FTC charges that the company’s security practices unfairly exposed the payment card information of consumers to hackers in three separate data breaches between […]
FTC’s Ability to Regulate Data Security Potentially Limited in FTC v. LabMD
A November 13, 2015 decision from the Federal Trade Commission’s Chief Administrative Law Judge, D. Michael Chappell, calls into question FTC enforcement in the data privacy space. The case began when the FTC filed a complaint on August 28, 2013 after an employee of LabMD, a cancer detection laboratory, downloaded peer-to-peer (“P2P”) software that exposed patient […]