Recently, AvMed agreed to pay $3 million in a data breach settlement. What sets this apart from other data breach settlements is Plaintiffs who have not suffered identity theft as a result of the breach may nevertheless collect from the Settlement Fund. Plaintiffs who did not suffer identity theft claimed they were injured by overpaying […]
Crisis & Data Breach Response
Kim Peretti Interviewed by BankInfoSecurity about Her Discussion at the 2013 Fraud Summit
On October 22, Alston & Bird’s Kim Peretti, Security Incident Management & Response Team co-chair, spoke at the 2013 Fraud Summit in a session titled “Post-Fraud Investigation: Effective, Efficient, Defensible.” Her presentation focused on how organizations must ensure they are prepared to respond effectively, efficiently and defensibly when they detect fraudulent activity. Following the conference, […]
Prior Express Written Consent Now Required for Sending Marketing Messages via Robocall or Text Message; Questions Remain Regarding Pre-Existing Databases and Purely Informational Messages
Companies that have amassed databases of consumers’ landline and mobile numbers for telemarketing purposes are left in a quandary as to whether they must obtain additional consent from consumers to comply with the new Telephone Consumer Protection Act (“TCPA”) rule. As of Wednesday October 16, 2013 companies that use prerecorded calls, autodialers or text messages […]
Update: California Governor Brown Signs into Law S.B. 46, New Notification Requirements for Data Security Breaches
On September 27, 2013, California Governor Brown signed into law S.B. 46, amending California’s data security breach notification law California Civil Code Section 1798.82. The new law builds upon existing requirements for prompt consumer notification whenever individuals have had their passwords, usernames or security question and answers compromised. It expands the definition of personal information […]
California S.B. 46 Expands Data Breach Notification Law to Include Breaches of User Names and Email Addresses for Online Accounts
California Governor Brown is preparing to sign into law a new data security breach notification bill (S.B. 46) that expands the coverage of California’s existing breach law to include breaches of individuals’ online user names and email addresses, when acquired in combination with passwords or a security question and answer that would permit access to […]