class action, Do Not Call Regulations, FCC, Lyft, primary jurisdiction, stay, TCPA
Litigation, Litigation, Go Away, Come Again Another Day: TCPA Lawsuit Stayed Pending FCC’s Resolution of Issues
By InfoLawGroup LLP on January 15, 2015
advertising, comparative advertising, credit cards, loyalty program, nad, national advertising division, rewards program, substantiation
Are You Getting Shortchanged? The NAD Examines “Cash Back” Advertising Claims
By InfoLawGroup LLP on March 04, 2013
California, class action, injury-in-fact, motion to dismiss, Shine the Light, State case law
First Reported Shine the Light Suit Dismissed for Failure to State Cognizable Injury
By InfoLawGroup LLP on June 19, 2012
Last week, a plaintiff's putative class action alleging a violation of California's Shine the Light law, Cal. Civ. Code § 1798.83, was dismissed without prejudice. See Boorstein v. Men's Journal LLC, No. 12-cv-00771-DSF-E, 2012 WL 2152815 (C.D. Cal. June 14, 2012). The suit, one of several other similar pending suits, is the first reported decision applying the Shine the Light Law.
California, class action, credit cards, loyalty program, personal identification information, personal information, rewards program, Song-Beverly
Class Certification Ruling Suggests that a Plaintiff's Membership in a Retailer's Pre-Existing Rewards Program May Not Excuse a Retailer's Request for Personal Information at the Register
By InfoLawGroup LLP on May 17, 2012
The U.S. District Court for the Southern District of California recently granted class certification in a Song-Beverly Credit Card Act case, refusing to exclude from the class individuals who joined the retailer's rewards program months after the alleged Song-Beverly violation. See Yeoman v. IKEA U.S. West, Inc., No. 11CV701, 2012 WL 1598051 (S.D. Cal. May 4, 2012). The Court's discussion suggests that a retailer may also face Song-Beverly liability even if it requests personal information at the register that it already holds by virtue of the customer's membership in its rewards program.
California, class action, ECPA, InfoLawGroup, information law group, InformationLawGroup, Nicole Friess, personal information, personal privacy, personally identifiable information, privacy, Stored Communications Act, unfair competition, Wiretap Act
California Federal Court Dismisses Bulk of Privacy Suit Against Facebook
By InfoLawGroup LLP on June 07, 2011
California, credit cards, personal identification information, personal information, personally identifiable information, retail, retailers, Song-Beverly Credit Card Act
California Supreme Court Says Zip Codes are PII-Really. (As California Goes, So Goes the Nation? Part Two)
By InfoLawGroup LLP on February 11, 2011
The California Supreme Court ruled Thursday, in Pineda v. Williams-Sonoma, that zip codes are "personal identification information" for purposes of California's Song-Beverly Credit Card Act, California Civil Code section 1747.08. Really.
California, class action, invasion of privacy, personal identification information, pii, retailers, Song-Beverly Credit Card Act, Williams-Sonoma, zip codes
California Court Rejects Class Action Based on Data Collection for PII Aggregation Purposes
By InfoLawGroup LLP on October 28, 2009
On Friday, the California Court of Appeal, Fourth Appellate District, certified for publication its October 8 opinion in Pineda v. Williams-Sonoma, the most recent in a string of decisions regarding California's Song-Beverly Credit Card Act of 1971, California Civil Code § 1747.08. On first glance, Pineda appears uneventful. The Court merely reiterated its December 2008 holding in Party City v. Superior Court, 169 Cal.App.4th 497 (2008), that zip codes are not personal identification information for purposes of the Act, right? Not so fast. In fact, the Pineda court added a couple of new wrinkles that are worth a second look. First, the court reaffirmed its Party City holding even though Pineda specifically alleged that Williams-Sonoma collected the zip code for the purpose of using it and the customer's name to obtain even MORE personal identification information, the customer's address, through the use of a "reverse search" database. Second, the court held that a retailer's use of a legally obtained zip code to acquire, view, print, distribute or use an address that is otherwise publicly available does not amount to an offensive intrusion of a consumer's privacy under California law.
class action, FTC, Hannaford, malware, negligence, security breach litigation, SQL injection, State case law
Merchant Liability for "Time and Effort" Following Security Breach?
By W. Scott Blackmer on October 09, 2009
This week the federal court in the Hannaford class action asked the highest court in Maine to clarify whether cardholders' "loss of time and effort" are sufficient injuries to ground a negligence claim following a payment card security breach.
credit cards
FAQ on Nevada's Security of Personal Information Law (NRS 603A)
By InfoLawGroup LLP on July 21, 2009
credit cards
PCI DSS Incident Response: The Legal Perspective
By InfoLawGroup LLP on July 08, 2009
Breach, credit cards, negligence, Security
PCI Service Provider Contracting
By InfoLawGroup LLP on June 11, 2009
Breach, credit cards, negligence, Security
Merrick Bank v. Savvis: Analysis of the Merrick Bank Complaint
By InfoLawGroup LLP on June 03, 2009
Breach, consumer fraud, credit cards, negligence, Security
The TJX Case: It Lives! With a New Theory of Liability: "Unfairness"
By InfoLawGroup LLP on May 02, 2009
Breach, credit cards, Security
Credit Card Theives So Good They Have Too Much Data...
By InfoLawGroup LLP on April 15, 2009
Breach, credit cards, negligence
Ruiz v. Gap: Increased Risk of ID Theft Not Damages
By InfoLawGroup LLP on April 13, 2009
credit cards, Hannaford
Who is Minding the Legal Risk Around PCI?
By InfoLawGroup LLP on April 02, 2009
credit cards, FACTA
FACTA Class Action Certified (N.D. Illinois)
By InfoLawGroup LLP on March 17, 2008
credit cards, information security law
Minnesota's "Plastic Card Security Act"
By InfoLawGroup LLP on June 07, 2007
credit cards, information security law
Proposed Massachusetts Security Breach Notice Law Creates Additional Liability for Companies Accepting Credit Cards.
By InfoLawGroup LLP on April 27, 2007