On February 3, 2010, the U.S. District Court for the Western District of Pennsylvania preliminarily approved a class action settlement between Aramark Sports, LLC and a class of approximately 5,000 customers who made credit or debit card purchases from stores at PNC Park in Pittsburgh, Pennsylvania. If approved, the proposed settlement would resolve allegations made by the plaintiffs that Aramark violated the Fair and Accurate Credit Transactions Act’s (“FACTA”) truncation requirements by electronically printing receipts that contained (a) more than the last 5 digits of the plaintiffs’ credit or debit card numbers and/or (b) the expiration date of such cards.
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Special Radio Report No. 2: Newman Dishes on Cloud Computing
By Proskauer Rose on
Cloud computing is already revolutionizing the way companies operate their businesses, in particular in the way they store and process information. But before you jump into the cloud, you may want to pause to consider your options.
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Northern District of Illinois Foreshadows Tough Row[e] to Hoe for Identity Exposure Plaintiff, but Denies Motion to Dismiss
By Proskauer Rose on
On January 5, 2010, Judge William Hibbler of the U.S. District Court for the Northern District of Illinois became the latest federal district judge to share his views about whether an increased risk of future harm based on the inadvertent exposure of personal information is a legally cognizable harm. In Rowe v. UniCare Life & Health Insurance Co., No. 1:09-cv-2286 (N.D. Ill. Jan. 5, 2010), Judge Hibbler . . . hinted that the plaintiff’s claims for violations of the Fair Credit Reporting Act (“FCRA”) and the Illinois Insurance Information and Privacy Act, as well as his common law claims of invasion of privacy, negligence and breach of implied contract, may ultimately be dismissed if the plaintiff failed to show a basis for damages other than his alleged increased risk of future harm, such as identity theft.
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District Court Rules E-mail Order Confirmations Not Subject to FACTA
By Proskauer Rose on
Judge John W. Darrah of the Northern District of Illinois Eastern Division held that FACTA’s prohibition against the electronic printing of a debit or credit card’s expiration date on receipts was inapplicable to e-mail order confirmations.
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Special Radio Report: Oncidi Talks Privacy in the Workplace
By Proskauer Rose on
There is an inherent tension between an employee’s right to privacy and an employer’s right — and obligation — to maintain a safe, productive, and hostility free environment at the office.
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Why All the Fuss about Reading an Employee’s Emails?
By Proskauer Rose on
Lately we’ve been writing a lot about employers, and their ability to read their employees’ e-mails. From New Jersey, to Idaho, to France, this is a hot topic and we are following new developments in this area closely.
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Innocent Mall Shoppers, You’re Off the Hook: Federal Agencies Release Model GLBA Privacy Notice Form
By Proskauer Rose on
On November 17, 2009, eight federal regulatory agencies released their final model privacy notice form that is intended to make it easier for consumers to understand how financial institutions collect and share information about them.
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We Were Wrong About the Third Time Being A Charm: FTC Delays Enforcement of Red Flags Rule Yet Again
By Proskauer Rose on
Today, at the urging of Members of Congress, the Federal Trade Commission (“FTC”) announced that it will delay enforcement of its Red Flags Rule for the fourth time. Financial institutions and creditors subject to enforcement by the FTC will now have until June 1, 2010 to develop written policies and…