Privacy Litigation–2011 Year in Review

By Craig A. Hoffman on January 6, 2012 Posted in Data Breaches, Privacy Litigation

There were no bombshells or truly groundbreaking decisions in 2011. Courts continued to dismiss claims filed in the wake of data breaches based on findings that the plaintiffs had failed to identify any cognizable harm sufficient to achieve Article III standing or to demonstrate actual damages. A few decisions, however, show an evolution in the … Continue Reading

Will the Driver’s Privacy Protection Act Fuel the Next Wave of Class Actions Against Retailers?

By Craig A. Hoffman on November 29, 2011 Posted in Federal Legislation, Privacy Litigation

Within a month of a California Supreme Court decision in Pineda v. Williams-Sonoma Stores, Inc. (finding ZIP codes constitute personal identification information under California’s Song-Beverly Act), over 100 putative class action law suits were filed against retailers operating in California. A November 22 lawsuit against Best Buy (Siegler v. Best Buy Co. of Minnesota, Inc.) … Continue Reading

California Retailers Who Collect Zip Codes In Credit Card Transactions May Now Face Class Action Lawsuits

By Craig A. Hoffman on February 17, 2011 Posted in Information Security, Payment Card Industry

On February 10, 2011, the California Supreme Court issued a decision in Pineda v. Williams-Sonoma (.pdf), finding that a ZIP code constitutes “personal identification information” under California’s Song-Beverly Credit Card Act of 1971 (the “Song-Beverly Act”). The Song-Beverly Act prohibits retailers from requesting and recording “personal identification information” as a condition of a credit card transaction. … Continue Reading