Category Archives: Privacy

House Dems Also Seek Answers on Equifax Breach, Arbitration Clause

by Jeff Sovern Brian posted earlier about a letter from senators on the Equifax breach. Not to be outdone, the two dozen Democrats on the House Energy and Commerce Committee have written their own letter to Equifax, raising numerous questions about the breach. Among them are queries about the Equifax's arbitration clause, security freeze, credit monitoring services, […]

Why I’m Not Signing Up For Equifax’s Free Credit Monitoring Service: The Arbitration Clause Still Worries Me

by Jeff Sovern I'm still trying to make sense of the arbitration situation in connection with the Equifax breach.  Here is how I see it at the moment. Comments welcome. Our story so far: after hackers invaded the Equifax database, Equifax set up a web site (that is the current version of the web site; […]

The Equifax Data Breach and How Equifax is Stealthily Using Arbitration to Defeat Claims by Injured Consumers

by Jeff Sovern Scott posted yesterday about the Equifax data breach, which may end up being as significant a consumer scandal as the Wells Fargo unauthorized account fiasco.  As has been pointed out elsewhere, the disclosure of the Equifax announcement is extraordinary, coming on the same day Congress considered a bill to limit damages against […]

Ninth Circuit affirms cy pres-only settlement in In re Google Referrer Header Privacy Litigation

Before jumping into my first post, I wanted to quickly introduce myself. I'm Mike Landis, Litigation Director for U.S. PIRG. (Obligatory disclaimer: my posts express my individual views only and not those of U.S. PIRG.) I've been a reader of this blog for sometime, and I'm excited to now participate as a contributor. My goal […]

CFP: Northeast Privacy Scholars Workshop

We received the following call for papers: The Innovation Center for Law and Technologyat New York Law School and The Center on Law and Information Policyat Fordham University School of Law are pleased to issue this Call for Papers for the inaugural Northeast Privacy Scholars Workshop, which will take place at New York Law School on October […]

Hoofnagle on FTC Regulation of Cybersecurity and Surveillance

Chris Jay Hoofnagle of Berkeley has written FTC Regulation of Cybersecurity and Surveillance, in The Cambridge Handbook of Surveillance Law (David Gray and Stephen Henderson, eds)(Cambridge University Press 2017). Here's the abstract: The Federal Trade Commission (FTC) is the United States’ chief consumer protection agency. Through its mandate to prevent unfair and deceptive trade practices, […]

Paper on the Right to Be Forgotten in the US

Patrick O'Callaghan of University College Cork has written The Chance 'to Melt into the Shadows of Obscurity': Developing a Right to Be Forgotten in the United States, A. Cudd & M. Navin (eds) Privacy: Core Concepts and Contemporary Issues (New York: Springer, 2018) (Forthcoming). Here is the abstract: This chapter argues that there is some […]

Klass Paper Critiques Restatement of Consumer Contracts Treatment of Privacy Policies

Gregory Klass of Georgetown critiques the draft Restatement of Consumer Contracts treatment of privacy policies in The Quantitative Study of Privacy-Policy Decisions in the Draft Restatement of Consumer Contracts.  Here is the abstract: The draft Restatement of the Law of Consumer Contracts includes six quantitative studies of judicial decisions, each used to support a rule […]

Second Circuit: Under TCPA, Consumer Can’t Revoke Consent That is Term in Prior Contract

The case is Reyes v. Lincoln Autmotive Financial Service, and it conflicts with decisions of the Third and Eleventh Circuits.  The TCPA has come in for increasing attention lately, with a recent hearing in Congress discussing possible amendments to the statute.  (HT: Gregory Gauthier)