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|Court Rejects Technical Accuracy Approach, Holds that Duplicate Reporting of Otherwise Accurate Criminal History is Inaccurate Under § 1681e(b) of the FCRA|
Erik Grohmann; Strasburger & Price, LLP;
June 23, 2010, previously published on June 07, 2010Plaintiff brought suit against Defendant Hireright Solutions, Inc. (“Hireright”), a consumer reporting agency (“CRA”) that specializes in maintaining consumer files containing public record information and selling such files to potential employers. The Plaintiff alleged that...
|Organizations Have More Time To Comply With Identity Theft Red Flag Rules|
Kathryn L. Ossian; Miller, Canfield, Paddock and Stone, P.L.C.;
June 21, 2010, previously published on June 1, 2010Does your organization have a program designed to prevent identity theft of the personal information of your customers and employees? If not, the good news is that you now have more time to do so without running afoul of federal regulations.
|Massachusetts Data Security Regulations: Your Company May Not Be Located There, But If Your Customers Are, You Need to Comply|
Jeffrey D. Neuburger; Proskauer Rose LLP;
June 21, 2010, previously published on June 9, 2010Newly effective regulations promulgated under Massachusetts’ recent data security law, Mass. Gen. Law ch. 93H, have raised the bar for data security compliance, and they have a long reach. The regulations are national and international in scope, as they apply to all companies - wherever...
|Defendants’ Motion to Dismiss Found Premature as Plaintiff, Through Discovery, May be Able to Establish an FCRA Violation|
Marc Kirkland; Strasburger & Price, LLP;
June 17, 2010, previously published on June 09, 2010Adams v. LexisNexis Risk & Info. Analytics Group, Inc., 2010 U.S. Dist. Lexis 47123 (D.N.J. May 12, 2010)
|Full Disclosure: How Much Information Do We Require of Our Arbitrators|
Rachel Bendayan, Stephen L. Drymer; Ogilvy Renault LLP;
June 16, 2010, previously published on June 7, 2010The disclosure of information required of arbitrators is becoming increasingly onerous. But how far must arbitrators go in disclosing their agendas, mandates and lists of acquaintances?
|Court Approves Class Action Settlement against Employment Consumer Reporting Agency for Disclosing Outdated Arrest Records|
Tiffany L. Cox; Strasburger & Price, LLP;
June 11, 2010, previously published on June 01, 2010Serrano v. Sterling Testing Sys., 2010 U.S. Dist. LEXIS 44779 (E.D. Pa. May 7, 2010) In this putative class action, the plaintiff, on behalf of himself and all others similarly situated, sued Sterling Testing Systems, Inc., a national employment consumer reporting agency, pursuant to the FCRA for...
|Oops, They Did it Again: The FTC Extends the Red Flags Rule Deadline Until December 31, 2010|
Sarah Edelman Coyne, Kevin J. Eldridge, Kathryn A. Kronquist, Margaret E. M. Utterback; Quarles & Brady LLP;
June 10, 2010, previously published on June 2010Once again on the eve of enforcing the Red Flags Rule, the Federal Trade Commission (“FTC") announced on May 26, 2010, that it was extending the enforcement deadline until December 31, 2010. This time, the FTC said it was extending the deadline to give Congress time to consider H.R....
|The Public Digital Bookkeeping System SPED and its Application to the Electronic Invoice NF-e Project|
Carlota Berault Moreira, Vanessa Christina Lacerda; Miguel Neto Advogados;
June 9, 2010As from January 2009, many companies of several sectors of the economy will have to adapt or get acquainted with the new requirements of the government and society when addressing a new market need, the so-called SPED (Public Digital Bookkeeping System).
|FTC Defers Red Flags Rule Yet Again|
Kenneth K. Dort, Jonathan A. Vogel; McGuireWoods LLP;
June 9, 2010, previously published on June 1, 2010The Federal Trade Commission (FTC) announced on May 28, 2010 that enforcement of the Red Flags Rule will be further delayed until January 1, 2011, unless Congress takes steps to narrow the scope of covered businesses and legislates an earlier enforcement deadline.
|German DPAs Require Data Exporters to Verify Safe Harbor Compliance|
Hunton Williams LLP;
June 9, 2010, previously published on June 2, 2010On April 29, 2010, German data protection authorities issued a resolution regarding the obligations of German data exporters with respect to U.S. data importers that have self-certified under the Safe Harbor program. By requiring additional diligence when transferring data to Safe Harbor-certified...