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The U.S. Food and Drug Administration (FDA) is the latest government agency to respond to the growing concern over increasing cybersecurity threats. After security analysts alerted FDA that medical devices used in the clinical setting were vulnerable to function manipulation and/or failure due to malware and other types of cyber threats, on June 13, 2013, […]

June 14, 2013 – Texas Governor Rick Perry today signed into law a revision to the state’s data breach notification law that effectively deletes the requirement for entities that experience a data breach affecting residents of Texas to notify residents of other states in accordance with those other states’ laws or, for residents of states that […]

Manno v. Healthcare Revenue Recovery Group, No. 11-61357 (S.D. Fla.) (Mar. 26, 2013) Judge Scola. Granting class certification. Individual consent issues often derail putative TCPA classes. Not this one (at least not yet). The plaintiff gave his cellphone number to a hospital as part of his admission to the emergency room. Later, when the plaintiff […]

Quesada v. Banc of America Investment Services, No. 11-cv-01703 (N.D. Cal.) (Feb. 19, 2013) Judge Rogers. Denying class certification. A California client of Merrill Lynch (successor-in-interest to Banc of America Investment Services) sued the investment firm alleging that it violated California’s Invasion of Privacy Act by surreptitiously recording her conversations with Merrill employees. She sought […]

Jamison v. First Credit Services, Inc., No. 12 C 4415 (N.D. Ill.) (Mar. 28, 2013) Judge Kendall. Denying class certification. A Honda customer sued First Credit Services (Honda’s debt collection firm) under the Telephone Consumer Protection Act alleging that First Credit obtained his cellphone number illegally through “skip-tracing” (a fancy term for investigative research). The […]