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Security Breach

AvMed’s Novel Data Breach Settlement- First Time Payment to Plaintiffs Who Have Not Suffered Identity Theft as a Result of Data Breach

November 21, 2013 By Privacy, Cyber & Data Strategy Team

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 […]

Filed Under: Data Breach, Privacy, Security Breach Tagged With: Class Action, HIPAA

Kim Peretti Interviewed by BankInfoSecurity about Her Discussion at the 2013 Fraud Summit

October 25, 2013 By Privacy, Cyber & Data Strategy Team

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, […]

Filed Under: Cybercrime, Data Breach, Data Protection, Data Security, Security Breach

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

October 15, 2013 By Privacy, Cyber & Data Strategy Team

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 […]

Filed Under: Mobile Privacy, Privacy, Security Breach Tagged With: Federal Trade Commission (FTC), Marketing, Mobile Technologies, Telephone Consumer Protection Act (TCPA)

California S.B. 46 Expands Data Breach Notification Law to Include Breaches of User Names and Email Addresses for Online Accounts

September 20, 2013 By Privacy, Cyber & Data Strategy Team

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 […]

Filed Under: Data Breach, Data Protection, Data Security, Legislation, Online Privacy, Privacy, Security Breach Tagged With: US State Law

Fifth Circuit Revives Banks’ Heartland Data Breach Claims

September 13, 2013 By Privacy, Cyber & Data Strategy Team

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 […]

Filed Under: Data Breach, Security Breach Tagged With: Identity Theft, Litigation

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