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Massachusetts attorney general breaking new ground in data security enforcement?

Edwards Wildman Palmer LLP
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USA
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April 27 2011

The Massachusetts Attorney General appears to have broken new ground with a recent enforcement action and fine against Briar Group, LLC, a restaurant chain that sustained a security breach exposing credit and debit card data

The FTC’s Red Flags Rule on identity theft protection will be effective December 31, 2010

Edwards Wildman Palmer LLP
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USA
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November 4 2010

The FTC "Red Flags Rule" mandating identity theft protection programs for financial institutions and a broad range of other companies will go into effect December 31, 2010

FTC delays enforcement of Red Flags Rule yet again

Edwards Wildman Palmer LLP
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USA
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June 2 2010

On November 7, 2007 the Federal Trade Commission, the federal bank regulatory agencies, and the National Credit Union Administration published a notice that finalized the Red Flags Rule ("Rule"), 16 C.F.R. Part 681.2, pursuant to authority created by the Fair and Accurate Credit Transactions Act of 2003

Washington new credit card data breach liability law

Edwards Wildman Palmer LLP
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USA
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May 7 2010

Washington Governor Christine Gregoire recently signed HB 1149 into law

Washington State passes retailer breach liability statute

Edwards Wildman Palmer LLP
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USA
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March 31 2010

On March 22, Washington became the second state to pass a statute allowing banks to recover certain costs and damages from retailers and card processors that suffer a data breach if the retailer or processor was not in compliance with the PCI (Payment Card Industry) standards

Massachusetts Supreme Court affirms dismissal of data breach claims brought against retailer by financial institutions

Edwards Wildman Palmer LLP
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USA
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March 3 2010

Recently, the Supreme Judicial Court of Massachusetts upheld two lower court decisions dismissing, on separate motions to dismiss and for summary judgment, a number of claims brought by credit unions against a retailer in connection with a breach of debit and credit card data

Heartland Payment Systems to settle Visa-related claims for $60 million

Edwards Wildman Palmer LLP
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USA
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January 21 2010

The fallout continues following the large-scale compromise of financial account information at Heartland Payment Systems

Federal agencies release final model privacy notice for financial institutions

Edwards Wildman Palmer LLP
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USA
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November 25 2009

On November 17, eight federal regulatory agencies (the Board of Governors of the Federal Reserve System, Commodity Futures Trading Commission, Federal Deposit Insurance Corporation, Federal Trade Commission ("FTC"), National Credit Union Administration, Office of the Comptroller of the Currency, Office of Thrift Supervision, and Securities and Exchange Commission) released a final model privacy notice they jointly developed, in an effort to make it easier for consumers to understand how financial institutions collect and share information about them

District of Maine certifies question of what constitutes “cognizable injury” from data breach to Supreme Judicial Court of Maine

Edwards Wildman Palmer LLP
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USA
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November 11 2009

Last month, the United States District Court for the District of Maine certified a question of law to the Supreme Judicial Court of Maine regarding the issue of what constitutes cognizable injury to a consumer in a case stemming from the alleged theft of credit card data, a question of great signficance in the relatively new field of data security law

PCI compliance survey finds companies need improvement

Edwards Wildman Palmer LLP
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USA
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October 2 2009

The Ponemon Institute recently published a survey on Payment Card Industry Data Security Standards ("PCI DSS") compliance

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