Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

Legal Developments Affecting Payment Card Data Pass Practices

On-line marketers that share their customers’ credit or payment card information with other business partners without the consumer’s knowledge or active consent – a practice referred to as a “data pass” – may wish to…

Another Missive from the Data Breach Front: Remote Risk of Identity Theft Does Not Confer Standing in Allison v. Aetna

Allison v. Aetna, Inc., a recent opinion out of the Eastern District of Pennsylvania, adds to the burgeoning area of law that holds when a plaintiff fails to allege an actual injury resulting from a data breach, but…

UPDATE: Data Breaches on the Rise in 2010

Updating a previous post regarding the rise last year in the number of data breaches involving customers’ personal information in the general business sector, the numbers of these breaches for the first third of…

Study Suggests that Data Breaches Among Businesses May Be on the Rise

A recent study released by the Identity Theft Resource Center (“ITRC”), a non-profit organization dedicated exclusively to the prevention of identity theft, suggests that in 2009, while the government appeared to be…

Data Breach Coverage: Underwriting at the Point of Claim?

The recently filed case of First Bank v. Federal Insurance Company reflects yet another financial services provider that was the subject of a data breach incident, and was forced into litigation with its insurers as…