We have previously reported on Facebook’s fight against a proposed class action case alleging violation of the Illinois Biometric Information Privacy Act (BIPA). Facebook continues to fight the allegation that its collection and storage of users’ and non-users’ facial scans through the use of facial recognition technology violates BIPA, and has filed a Motion to

Last week, TOPS Software LLC (TOPS), a software company that specializes in condominium and homeowners association communication platforms, was served with a class action in Illinois federal court which alleges that TOPS violated the Telephone Consumer Protection Act (TCPA) by using auto dialer technology to solicit consumers to attend the “CAMfire conference.” The CAMfire Conference

Allscripts Healthcare Solutions Inc. notified its electronic medical record customers last week that a ransomware attack was behind the disruption of service for medical providers.

Allscripts became the victim of the ransomware “SamSam” on January 18 which shut down providers’ access to their electronic medical records. Allscripts was able to restore some access, but a

Anthem Inc. has reportedly agreed to pay a settlement of $115 million to its customers that were affected by what is being called one of the largest data breaches in U.S. history.

The settlement is reportedly the largest ever to result from a data breach in the United States and would end a class action lawsuit that commenced after the 2015 breach. Using a stolen password, hackers were able to break into an Anthem database and steal close to 80 million records containing sensitive information belonging to former and current customers, including customer names, dates of birth, physical and email addresses, medical IDs, and Social Security numbers.
Continue Reading Anthem Settles Data Breach Suit for Record $115 Million

On May 11, 2017, the Fourth Circuit Court of Appeals vacated a $12 million judgment against Experian Information Solutions, Inc. (“Experian”) in a class action against the credit reporting bureau alleging violations of the Fair Credit Reporting Act (“FCRA”). Relying on the standard set forth by the U.S. Supreme Court in Spokeo, Inc. v. Robins, the circuit court held the named plaintiff lacked constitutional standing because he suffered no “concrete” injury from the alleged statutory violation.

The claims in the lawsuit involved the FCRA requirement that credit reporting agencies must, upon request, clearly and accurately disclose to a consumer the “sources of the information” in the consumer’s file at the time of the request. 15 U.S.C. § 1681g(a)(2). As part of a background check in connection with obtaining security clearance, the lead plaintiff, Michael Dreher, obtained a series of credit reports from Experian which listed a delinquent credit card account identified as Advanta associated with his name. Unbeknownst to Dreher, Advanta has been closed since 2010 and a company named CardWorks had been appointed as a servicer for the company  acquiring Advanta’s receivables.
Continue Reading Fourth Circuit Vacates $12M FCRA Class Action Judgment Against Experian

Caribbean Cruise Line Inc., The Berkley Group Inc., and Vacation Ownership Marketing Tours, Inc. settled a Telephone Consumer Protection Act (TCPA) class action last week for up to $76 million (and not less than $56 million). The three were sued for violating the TCPA by robocalling millions of individuals with offers for free trips. The

Last week, Mille Lacs County and former investigator for the Mille Lacs County Family Services, Mikki Jo Peterick, agreed to pay $1 million to settle a proposed federal class action which alleged that a former employee of Mille Lacs County Family Services (Peterick) accessed 269 individuals’ driver’s license information for the employee’s own personal use.