Privacy + Cyber

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On December 28, the New York Department of Financial Services (“NY DFS”) released its highly anticipated revised cyber security rule.  As we previously noted here, the proposed regulations would require banks, insurance companies, and other financial services institutions to establish and maintain a cybersecurity program and to take other measures to protect against data…

According to the complaint in Ibrahim v. American Honda Motor Co., Inc., defendants Sterircycle, Inc. and Stericycle Communication Solutions, Inc. (collectively referred to herein as “Stericycle”) violated the Telephone Consumer Protection Act by making unauthorized telephone calls using a prerecorded or artificial voice to the cellular telephones of individuals throughout the nation.

Stericycle’s calling …

Federal Communications Commission Chairman Tom Wheeler said Thursday that he’ll step down from his post on Jan. 20, 2017. Wheeler was appointed by President Obama three years ago to lead the FCC. Prior to his October 2013 confirmation as the 31st chairman of the FCC, Wheeler served as managing director at venture capital firm

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The United States District Court for the Eastern District of Louisiana recently granted final approval of a $9.25 million Telephone Consumer Protection Act class action against Advanced Care Scripts, Inc. (“ACS”). 

According to the class action complaint, ACS engages in the management and dispensing of specialty medications and oral oncology products.  To advertise their services, …

As we previously reported, US Coachways entered into a $49.9 million Telephone Consumer Protection Act class action settlement.  Because the motor coach leasing company could not fund the settlement, the company tendered a claim for the action to its insurer, Illinois Union Insurance Company, who subsequently denied coverage to US Coachways.  US Coachways assigned …

On December 14, the parties in Mey v. Frontier Communications Corp. filed a motion for preliminary approval of a settlement of a Telephone Consumer Protection Act class action.

According to the Complaint, Frontier, a telephone company that offers voice, broadband, satellite video, and wireless internet data access for individuals and small businesses, uses …

The FTC issued a new video and updated guide for businesses on how to respond to a data breach.  The three steps identified in the guide and discussed in the video are:

  1. Secure your operations – This step focuses on preventing further attacks due to the same vulnerabilities.
  • Mobilize your breach response team
  • Engage a

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As we previously reported, the named plaintiff in Paci v. Costco Wholesale Corporation filed a Fair Credit Reporting Act putative class action against Costco alleging that the retailer’s receipts contained more digits of the payment card’s account number than is permitted under the Act. 

The parties recently filed cross-motions for summary judgment.  Costco argued …

In Joseph v. TrueBlue, Inc., the named plaintiff brought a Telephone Consumer Protection Act (TCPA) class action against the workforce staffing company for its alleged text messaging advertisements.  TrueBlue recently agreed to a $5 million settlement to end the case. 

According to the amended class action complaint, TrueBlue sent text message “Job Alert” advertisements …

On November 21, the Director of the Bureau of Consumer Protection of the Federal Trade Commission commented on the National Highway Traffic Safety Administration’s Federal Automated Vehicles Policy.  The Director opened the comment with a brief review of the FTC’s focus on privacy and security efforts related to connected devices and the Internet of …