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Regular readers of this blog will be familiar with my view that difficulty in proving actual damages poses challenges to would-be plaintiffs in privacy class actions. 
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In a settlement announced by the Federal Trade Commission (“FTC”) on June 27, 2011, Teletrack, Inc. agreed to pay $1.8 million to settle FTC charges that it violated the Fair Credit Reporting Act (“FCRA”) by selling consumer reports to marketers without a “permissible purpose.”
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Bank Info Security reports that a magistrate for the U.S. District Court in Maine issued an Order that further defines what constitutes “reasonable” security practices.
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Court Approves Settlement of Flash Cookie Class Action

June 15, 2011 | Blog | By Cynthia Larose

On Monday, a federal judge in Los Angeles issued an order granting final approval to a previously-announced settlement of consolidated class actions alleging that the use of so-called “flash cookies” in connection with advertising on web sites resulted in unauthorized tracking of web users’ browsing activity.
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The United States District Court for the Northern District of California has dismissed the claims of the plaintiffs against Facebook in the case of In re: Facebook Privacy Litigation. 
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Privacy and Security Bits and Bytes

May 13, 2011 | Blog | By Cynthia Larose

The Chairman of the Federal Trade Commission, Jon Leibowitz, said: It's the law, it's the right thing to do, and, as today's settlement demonstrates, violating COPPA will not come cheap.
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With the inevitability of death and taxes, data breaches spawn class action lawsuits. The massive Sony PlayStation Network data breach has now resulted in the filing of a class action in federal court in Massachusetts captioned Thompson v. Sony Computer Entertainment. 
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Sony Breach Press Follow-up

May 9, 2011 | Blog | By Cynthia Larose

There have been hundreds of articles written in the past week on the Sony Playstation Network breaches. Cynthia Larose, chair of Mintz Levin's Privacy and Data Security practice, has been quoted in several articles over the weekend, including The Wall Street Journal, Reuters, and The Chicago Tribune.
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And the [hacks] just keep on coming......

May 5, 2011 | Blog | By Cynthia Larose

We've had the Epsilon breach. We've had Sony Breach One and Sony Breach Two. Today, Bloomberg News reports on a breach that may be, as one security expert in the article calls it, "the nastiest password hack in history...." LastPass is reporting that hackers may have broken into its database and stolen info on as many as 1.25 million users.
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More breach problems for Sony......

May 3, 2011 | Blog | By Cynthia Larose

Yesterday, in a Customer Service Notification posted on its website, Sony Online Entertainment LLC (“SOE”) based in San Diego, California revealed that its systems were also the subject of a hacking attack.
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There are many articles being written and blogged today regarding the PSN breach. The Hill reports this afternoon that Representative Mary Bono Mack (R-CA) has announced a plan to introduce legislation to protect online consumer information.
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The Centers for Medicare & Medicaid Services (CMS) has released proposed regulations establishing Accountable Care Organizations (ACOs) and creating the Medicare Shared Savings Program (the Program).
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Sony Corp. has acknowledged on its PlayStation website that between April 17 and April 19, its PlayStation and Qriocity networks were the subject of a hacking attack.
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Update on Apple Location-Gathering Kerfuffle

April 27, 2011 | Blog | By Cynthia Larose

Apple has published a Q&A document to educate consumers on the back story relating to collection of location data. 
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Lawmakers Scrutinize Mobile Phone Location Tracking Practices

April 27, 2011 | Blog | By Cynthia Larose

Lawmakers including Senate Judiciary Subcommittee on Privacy Chairman Al Franken (D-MN) and House Bi-Partisan Privacy Caucus Co-Chairman Ed Markey (D-MA) are scrutinizing Apple Inc.’s and Google Inc.’s practices of tracking users’ location information through their mobile phones. 
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US Supreme Court Hears Prescription Data Mining Law Arguments

April 27, 2011 | Blog | By Cynthia Larose

On Tuesday, the US Supreme Court heard arguments (transcripts here) about whether or not the Vermont data mining law violates free speech by preventing pharmaceutical manufacturers and their sales people from obtaining data on physician prescription habits.
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Kerry and McCain Introduce Commercial Privacy Bill of Rights

April 13, 2011 | Blog | By Cynthia Larose

As we have been saying since the beginning of the new session of Congress, it appears that privacy is the true bipartisan issue. 
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Major e-mail data breach occurs at mega-marketer

April 4, 2011 | Blog | By Cynthia Larose

By now, you've probably received one or more emails like this:
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Into the Breach - Security Failures Can Cost You

March 30, 2011 | Blog | By Cynthia Larose

Once again, we have evidence that failures to implement the most basic of data security measures can cost real money.

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In the two-plus years since the enactment of the HITECH Act, the health care industry has seen a dramatic shift in federal and state HIPAA enforcement posture.
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