On Thursday, October 28, 2010, the PCI SSC promulgated version 2.0 of its Data Security Standard and its Payment Application Data Security Standard (“PA DSS”).
merchant
Bellwether or Bust? Washington Governor Signs Payment Card Data Breach Liability Provisions Into Law
On March 22, 2010, Washington Governor Christine Gregoire signed H.B. 1149 into law, making her state the second behind Minnesota to hold businesses and governmental entities responsible to financial institutions for certain costs arising from payment card information breaches. As of July 1, entities that process more than 6 million credit or debit card transactions annually who fail to reasonably safeguard card information can be required to reimburse financial institutions for the costs related to the re-issuance of cards as well as attorneys fees and costs in the event that a security breach involving payment card information is a proximate result.
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Another Court Affirms Narrowed Interpretation of Song-Beverly Credit Card Act
On June 26, 2008, in Absher v. Autozone, Inc. et al. (2008), the California Court of Appeal in the Second Appellate District, confirmed that California’s Song-Beverly Credit Card Act of 1971, California Civil Code § 1747.08 (hereinafter, the “Act”) does not apply to a refund for the return of merchandise purchased by credit card.
No Shopping Spree for Plaintiffs Under California’s Song-Beverly Credit Card Act
On May 22, 2008, the California Court of Appeal narrowed the scope of claims available under California’s Song-Beverly Credit Card Act of 1971, California Civil Code § 1747.08, ruling that the statute is subject to the one-year statute of limitations of Code of Civil Procedure section 340 and does not apply to merchandise returns.
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