Tag Archives: FCRA

FTC Report on Big Data Outlines Usage Limitations Under Federal Law

On January 6, 2016 the Federal Trade Commission (“FTC”) issued the report Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues (“Report”), based on prior workshops and subsequent public comments on Big Data usage. The Report concentrates on data usage, not collection, and the application of current law to such usage, and not … Continue Reading

Once Again, Clapper Defeats Data Breach Class Action

Article III standing has once again proved to be an insurmountable hurdle for data breach class action plaintiffs whose personal information hasn’t been misused.  In Galaria v. Nationwide Mutual Insurance Co., an Ohio federal court relied on the United States Supreme Court’s decision in Clapper v. Amnesty Intern. USA, 133 S.Ct. 1138 (2013), and held … Continue Reading

Careful! Your Company May Be a Defacto Data Broker: Are Privacy Regulators Going for Broke(rs) as part of the 2014 Legislative and Privacy Enforcement Agenda?

Concerns about privacy practices in the data broker industry, and the privacy implications about the lack of transparency “behind-the-scenes,” will remain a topic of intense regulatory and legislative focus in 2014.   The Federal Trade Commission has defined “data brokers” as companies that collect personal information about consumers from a variety of public and non-public sources … Continue Reading

Magistrate Recommends Dismissal with Prejudice of Claims Against Global Payments

Global Payments, which processes credit card transactions, announced on March 30, 2012 that an unauthorized person gained access to a portion of its processing system.  Global Payments later disclosed that Track 2 data (card number, expiration date, verification code but not cardholder name or address) of 1.5 million cardholders were taken.  Three individuals brought a … Continue Reading
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