Tag Archives: Illinois

Close to 2,000 FAA UAS Waivers in Two Years

Last week, on the two-year anniversary of the small Unmanned Aircraft Systems (UAS) rule (or Part 107), a report was released by the Association of Unmanned Vehicle Systems International (AUVSI) stating that the Federal Aviation Administration (FAA) has granted approximately 2,000 waivers since the inception of Part 107. Part 107 sets forth certain parameters and … Continue Reading

Another Employer in Illinois Hit With Class Action Over Biometrics

Companies doing business in Illinois should consider getting up to speed on the Illinois Biometric Information Privacy Act (BIPA). We have reported on numerous (but not all) cases filed against technology companies and employers for alleged violations of BIPA [view related posts here]. The class action lawsuits continue to get filed at a rapid pace, … Continue Reading

U.S. Moves Ahead with Federal “Fintech Sandbox” — CFPB Announces Creation of Office of Innovation

In an effort to promote the development of new financial technology (fintech) products, Mick Mulvaney, Acting Director of the Consumer Financial Protection Bureau (CFPB), announced last week the creation of the Office of Innovation. Mulvaney said the new division, to be run by Paul Watkins under the umbrella of the CFPB, is designed to foster … Continue Reading

Busy Data Breach Week

Unfortunately, it was another busy data breach week. Here’s a summary of the major ones. Delta Airlines admitted in a statement that the payment card data of several hundred thousand customers might have been compromised by malware between September 26 and October 12, 2017, through a third-party vendor ([24]7.ai that provides online chat services to … Continue Reading

Facebook Can’t Shake Illinois Biometric Proposed Class Action Case

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 … Continue Reading

TOPS Software Company Hit with TCPA Class Action

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 … Continue Reading

Dumpster Diving Leads to $100,000 Fine for Defunct Business Associate Due to Improper Disposal of Medical Records

On February 13, 2018, the HHS Office for Civil Rights (OCR) announced a $100,000 settlement with a court-appointed receiver representing Filefax, Inc. (Filefax) arising from the 2015 discovery of medical records that contained protected health information (PHI) of over two thousand individuals in a dumpster. Filefax, a now-defunct medical records moving and storage company located … Continue Reading

Nationwide, State Legislators Push Blockchain-friendly Legislation

As previously reported, state legislatures throughout the country continue to propose legislation designed to facilitate the use of blockchain-based technology by businesses within their states. In recent weeks, legislatures in Florida and Nebraska have each proposed laws streamlining the transaction of business electronically and through use of distributed ledgers on blockchain applications. In Arizona, the … Continue Reading

Proposed Legislation in New York Would Recognize Enforceability of BlockChain Transactions and Explore Applications of Technology

While the investment potential of cryptocurrencies, including BitCoin, has been all over the news in recent weeks, state governments have begun to explore the practical applications of blockchain – the technology underlying BitCoin.  In New York, Assemblyman Clyde Vanel introduced four bills in late November related to blockchain technology. The first, Assembly Bill 8780, would … Continue Reading

Hyatt and Bob Evans Face Class Action Biometric Suit Over Fingerprints

Hyatt Corp. was hit with a class action suit this week for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing employees’ fingerprints. This is the latest in a string of suits over the same complaint—employers using employees’ fingerprints for time clock systems without their written consent. The named plaintiff alleges … Continue Reading

Nonprofit Fundraiser Escapes TCPA Case

An Illinois federal judge has ruled that a fundraising company working for a nonprofit, tax exempt organization did not violate the Telephone Consumer Protection Act (TCPA) when it called a number listed on the National Do Not Call Registry because the activity fell within the nonprofit exemption of TCPA. The ruling is significant as there … Continue Reading

Illinois Biometric Case Against Shutterfly Survives

We have been following biometric cases in Illinois, including the case against Shutterfly [view related posts]. Late last week, an Illinois federal judge denied Shutterfly’s motion to dismiss the case against Shutterfly alleging that it violates the Illinois Biometric Information Privacy Act when collecting and storing face geometry scans through facial recognition software. In allowing … Continue Reading

2,500 Mothers’ and Newborns’ Personal and Health Information Lost in the Mail

The Arizona Department of Health Services (ADHS) has notified 2,500 patients that their personal and health information has been lost in the mail. The affected patients were mothers and newborns enrolled in the newborn screening program operated by ADHS. The compromised information was contained on paper records, including names, addresses, Social Security numbers, health insurance … Continue Reading

Illinois Court Rules That College Foundation Documents Subject to FOIA

On May 9, 2017, the Illinois Appellate Court held that the College of DuPage Foundation (Foundation), a fundraising organization for the public College of DuPage (College), is subject to the state’s open records law. In doing so, the Court rejected the Foundation’s argument that it was a charitable organization with no public role, and instead … Continue Reading

Job Seekers Beware! Data Hacked for up to 1.4 Million Illinois Residents Receiving Unemployment Benefits

The Illinois Department of Employment Security has revealed that somewhere between 1.2 million and 1.4 million Illinois residents who have received unemployment benefits from the State of Illinois have had their names, dates of birth and Social Security numbers compromised through a hacking of its vendor’s database. The residents are those seeking jobs and using … Continue Reading

Three-Month Delay Means Health Network Must Pay

A delay in reporting a HIPAA violation can result in a significant monetary penalty. That was the message sent by the Office for Civil Rights (OCR), which recently announced the first HIPAA settlement based on the untimely reporting of a breach of unsecured protected health information (PHI). According to the OCR, Presence Health (a large … Continue Reading

American Eagle Settles TCPA Class Action for $14.5 Million

American Eagle Outfitters (American Eagle) settled a class action filed against it for alleged Telephone Consumer Protection Act (TCPA) violations for $14.5 million last week. The class action complaint alleged that American Eagle send unsolicited text message messages to over 600,000 unique cell phone numbers without prior written consent as required by the TCPA. The … Continue Reading

US Coachways Settles TCPA Class Action for $49.9 Million

Last week, an Illinois federal judge approved a $49.9 million settlement between US Coachways, a national charter bus and bus rental company, and a class of plaintiffs, represented by lead plaintiff James Bull for Telephone Consumer Protection Act (TCPA) violations. The class action alleged that US Coachways sent a “staggering” amount of text messages to … Continue Reading

Record HIPAA Settlement Paid by Hospital Chain

Federal regulators announced last week that Illinois’ largest hospital chain would pay $5.5 million, a record payment under the Health Insurance Portability and Accountability Act (HIPAA), in connection with three 2013 data breaches that affected the protected health information of millions of its patients. The Advocate Health Care Network, which manages twelve hospitals and hundreds … Continue Reading
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