According to the FTC’s complaint filed in October 2014, Health Formulas, LLC and its related entities and principals used telemarketing, the Internet, and print, radio, and television advertisements to deceptively pitch a variety of dietary supplements and health products. The FTC claimed that Health Formulas tricked consumers into disclosing their credit and debit card
Verizon Enterprise Publishes Data Breach Report
A recently published 2016 Data Breach Investigations Report by Verizon Enterprise reports that cybercriminals are continuing to exploit human nature as they rely on familiar attack patterns such as phishing, and increase their reliance on ransomware, where data is encrypted and a ransom is demanded in return for release of the encrypted data. The report,
Fourth Circuit Holds Data Incident Covered by Insurance Policy
The United States Court of Appeals for the Fourth Circuit recently affirmed a district court order, holding that a company’s allegedly improper disclosure of personal information was covered by its general liability policy even though no third parties accessed the data.
In the underlying action, plaintiffs alleged that medical records company Portal Healthcare negligently failed
Wendy’s Hit With Data Breach Class Action
In the wake of an alleged data breach, First Choice Federal Credit Union filed a class action lawsuit against The Wendy’s Company in Pennsylvania federal court on April 25. Wendy’s has already been hit with a consumer class action filed in February in Florida federal court based on the same event. Now First Choice seeks
Troutman Sanders Partner Ron Raether Featured in Information Security Media Group Interview
In a recent interview, the Information Security Media Group (“ISMG”) featured Troutman Sanders partner Ron Raether, who lent his comments regarding the verdict Epic Systems obtained against Tata Consultancy involving the misuse of trade secrets. Ron discusses how customary data security controls can be used beyond protecting personally identifiable information to
FTC Offers New Interactive Tool for Mobile Health App Developers
“Does your mobile app collect, create, or share consumer information? Does it diagnose or treat a disease or health condition?” If so, then the FTC’s new online tool may assist you in understanding what federal laws or regulations might apply to your app.
The Mobile Health Apps Interactive Tool recently went online and offers developers
U.S. Senate Passes Energy Bill with Cyber Security Provisions
On April 20, the United States Senate passed a sweeping energy bill that would give the Department of Energy authority to step in during a cyber attack and tell electric utilities what to do to protect the nation’s power grid. The bill also authorizes funding for cyber research and testing, and more clearly defines DOE’s
FCC Releases Proposed Rule Requiring Internet Service Providers to Comply with New Privacy Obligations
On April 1, the Federal Communications Commission issued a notice of proposed rulemaking (“NPRM”) that would require Internet service providers (“ISPs”) to clearly disclose how customer data is being used, take reasonable steps to protect that information, and notify affected customers within 10 days of discovering a data breach. The NPRM — formally approved by
Join Us for Our Consumer Financial Services Webinar Series Beginning May 3
Troutman Sanders is proud to announce its Consumer Financial Services Webinar Series beginning on May 3. Speakers throughout this webinar series will address cybersecurity and data privacy, the Telephone Consumer Protection Act (“TCPA”), the Fair Credit Reporting Act (“FCRA”), the Fair Debt Collection Practices Act (“FDCPA”), mortgage lending and servicing, and other related consumer finance
2016 Spring Update on U.S.-EU Privacy Shield Program
Although it has been almost five months now since the United States-European Union Safe Harbor program was held invalid by a European Court, no clear solution is in immediate sight. Although a new “Privacy Shield” program was announced, whether the provisions as currently “agreed” will survive European ratification remains to be seen.
Nonetheless, it is