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Third Circuit rules that FACTA violation is not willful, withholds statutory damages

Wiley Rein LLP
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USA
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March 7 2012

In a decision further limiting the ability of plaintiffs to collect statutory damages under the Fair and Accurate Credit Transactions Act (FACTA), the U.S. Court of Appeals for the Third Circuit refused to impose statutory damages on retailer Tommy Hilfiger U.S.A., Inc. (Hilfiger), despite finding that the retailer had committed a per se violation of the statute

Class action lawsuits proliferate in wake of holding that ZIP code collection violates California's Song-Beverly Credit Card Act

Wiley Rein LLP
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USA
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March 17 2011

Any franchisee or retailer in California that collects ZIP code information in connection with credit card transactions should cease doing so immediately

FTC again delays "red flags" enforcement

Wiley Rein LLP
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USA
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June 8 2010

On May 28, the Federal Trade Commission (FTC) again extended the enforcement deadline for its identity theft Red Flags Rule

FinCEN issues new proposed rule expanding scope of information sharing requirements for financial institutions

Wiley Rein LLP
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USA
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November 18 2009

On November 16, 2009, the Financial Crimes Enforcement Network (FinCEN) published a proposed rule that would expand the scope of information sharing provisions between financial institutions, FinCEN, foreign governments and certain local and state law enforcement authorities

The "Red Flags" Rule and franchised businesses-enforcement begins August 1

Wiley Rein LLP
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USA
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July 27 2009

Beginning August 1, 2009, the Federal Trade Commission (FTC) will begin enforcing its "Red Flags" Rule, which is designed to address and combat the problem of identity theft

What’s ahead for privacy and security in 2009?

Wiley Rein LLP
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USA
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January 5 2009

With a new Administration, a significantly different Congress and a wide range of new rules and upcoming legislation, privacy and security professionals will continue to have their hands full in 2009 with new developments

FTC settles with TJX and Reed Elsevier over security breaches

Wiley Rein LLP
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USA
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May 6 2008

In late March 2008, the Federal Trade Commission (FTC) concluded its year-long investigation of security breaches and releases of personal information by retailer TJX and data broker Reed Elsevier

Settlement places cloud over long-anticipated Ninth Circuit guidance on statutory damages class actions

Wiley Rein LLP
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USA
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April 8 2008

The long anticipated Ninth Circuit guidance on the use of statutory damages class actions under the Fair and Accurate Credit Transactions Act (FACTA) and similar privacy statutes could be derailed by a provisional class settlement agreed to in March

Class action lawsuits follow new privacy legislation

Wiley Rein LLP
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USA
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April 10 2007

Over the last decade, the privacy of various personal information, including Social Security numbers and credit card numbers, and identity theft have become national concerns