CommLaw Monitor
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…
Appellant Attempts to Re-litigate Issue of Whether Retailers that Collect Customer Zip Codes During Credit Card Transactions Violate California's Song Beverly Credit Card Act
In a previous post, we noted that the California Supreme Court in Pineda v. Williams-Sonoma Stores, Inc., granted a petition to review the issue of whether a retailer violates California’s Song-Beverly Credit Card Act…
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…