Emerging Class Action Threat: Credit Card Data Protection Under FACTA
Litigation Trends and Effective Defense Strategies
Recording of a 90-minute CLE webinar with Q&A
Outline
- Recent trends and status of FACTA class action lawsuits
- FACTA overview
- Lawsuit allegations
- Location of lawsuits
- Consumer private right of action – Eskandarian v. IKEA (California)
- Merchant lawsuits against Point-Of-Sale vendors
- Class certification activity
- Settlement activity
- Strategies for defeating class certification or minimizing liability
- Defeating class certification – An updated scorecard
- No proof of actual damages
- Prompt investigation and remediation of violations
- No willfulness on part of merchants – Safeco v. Burr (U.S. Supreme Court)
- Discovery strategies
- Settlement strategies
- HR4008
- What merchants should do now
- Verify that POS systems and “receipt printers” (in-store and on-line) are programmed to comply with FACTA
- Correct noncompliance immediately to avoid liability and minimize damages
- Document compliance efforts
- Develop comprehensive security policy
- Designate coordinator of security program
- Identify internal and external risks to security of personal information
- Implement reasonable safeguards to control risks identified
- Evaluate and modify security program after material changes to company’s operations
- Train employees
- Be aware of state laws
- Online sales versus in-person sales
Benefits
The panel reviewed these and other key questions:
- What are the recent trends in FACTA consumer class actions?
- What penalties do merchants face for violating FACTA?
- How can defense counsel defeat certification or minimize liability in FACTA cases?
- What is the impact of the Safeco decision on FACTA litigation?
Faculty
John Nadolenco
Partner
Mayer Brown
He represents companies in class action defense and consumer litigation and is Co-Leader of the firm's Consumer Class... | Read More
He represents companies in class action defense and consumer litigation and is Co-Leader of the firm's Consumer Class Action Group.
CloseRichard M. Hoffman
Partner
Wildman Harrold
He litigates complex commercial cases on behalf of national and international companies in a wide array of industries.... | Read More
He litigates complex commercial cases on behalf of national and international companies in a wide array of industries. He is skilled in developing creative, results-oriented trial strategies.
CloseDouglas C. Rawles
Partner
Reed Smith
He represents retailers in consumer class actions brought in federal and state courts, including cases involving FACTA... | Read More
He represents retailers in consumer class actions brought in federal and state courts, including cases involving FACTA claims and other consumer privacy litigation.
Close