The U.S. Supreme Court has voted to hear an appeal of the Ninth Circuit’s decision in Varela v. Lamps Plus, Inc. The Supreme Court is expected to decide whether workers can pursue their claims through class-wide arbitration when the underlying arbitration agreement is silent on the issue.
Continue Reading SCOTUS to Review Right to Class Arbitration in Silent Agreements
Data Breach
Ninth Circuit Reverses District Court Decision in Zappos Consumer Data Breach Case
Posted on
On March 8, 2018, the Ninth Circuit Court of Appeals reversed a decision from the United States District Court for the District of Nevada.…
Continue Reading Ninth Circuit Reverses District Court Decision in Zappos Consumer Data Breach Case
Hunton Publishes Retail Year in Review
On January 18, 2018, Hunton’s retail industry lawyers released their annual Retail Year in Review publication. Continue reading for access to the entire publication. …
Continue Reading Hunton Publishes Retail Year in Review
Retailers’ Use of Smartphones and Contactless Payment Systems Implicates New Insurance Considerations
Posted on
Posted in Insurance, Technology & E-Commerce
In an article published in Internet Retailer on January 11, 2018, Hunton & Williams’ Insurance lawyers discuss the risks retailers face when using smartphone-reliant technology and contactless payment systems, and the insurance coverage necessary to address these potential risks. …
Continue Reading Retailers’ Use of Smartphones and Contactless Payment Systems Implicates New Insurance Considerations
Fifth Circuit to Decide Whether Indemnification Claim for Credit Card Fines Is Covered Under Specialty Retailer’s D&O and Corporate Liability Insurance Policy
Posted on
Posted in Insurance, Privacy & Cybersecurity
An insured seeking coverage for credit card fees assessed against its third-party payment processor following a data breach recently filed an appeal in the Fifth Circuit Court of Appeals. Spec’s, a liquor store chain with over 160 locations throughout Texas, suffered two major data breaches of its credit card payment system, resulting in the loss…
New Jersey Shopper Privacy Bill Signed into Law
Posted on
Posted in Consumer Protection, Privacy & Cybersecurity
On July 21, 2017, New Jersey Governor Chris Christie signed a bill that places new restrictions on the collection and use of personal information by retail establishments for certain purposes. The statute, which is called the Personal Information and Privacy Protection Act, permits retail establishments in New Jersey to scan a person’s driver’s license or other state-issued identification card only for eight purposes. …
Continue Reading New Jersey Shopper Privacy Bill Signed into Law
Putative Data Breach Class Action Dismissed for the Third Time
Posted on
Posted in Class Action, Privacy & Cybersecurity
On June 13, 2017, Judge Andrea R. Wood of the Northern District of Illinois dismissed with prejudice a putative consumer class action filed against Barnes and Noble. The case was first filed after Barnes and Noble’s September 2012 announcement that skimmers had tampered with PIN pad terminals in 63 of its stores and exposed payment card information.…
Continue Reading Putative Data Breach Class Action Dismissed for the Third Time
Chipotle Payment Card Data Breach: Financial Institutions File Leapfrog Suit
Posted on
Posted in Class Action, Privacy & Cybersecurity
Recently, Alcoa Community Federal Credit Union, on behalf of itself, credit unions, banks and other financial institutions, filed a nationwide class action against Chipotle Mexican Grill, Inc. arising from a breach of customer payment card data.…
Continue Reading Chipotle Payment Card Data Breach: Financial Institutions File Leapfrog Suit
State Attorneys General and Target Resolve Investigation of 2013 Data Breach
Posted on
Posted in Consumer Protection, Privacy & Cybersecurity
On May 23, 2017, Target reached a settlement with the Attorneys’ General of 47 states and the District of Columbia to resolve the states’ investigation of Target’s 2013 data breach.…
Continue Reading State Attorneys General and Target Resolve Investigation of 2013 Data Breach
Consumer Protection in Retail: Weekly Roundup
By Phyllis H. Marcus & Emma Lewis on
This past week, several consumer actions made headlines that affect the retail industry. Continue reading for our weekly roundup. …
Continue Reading Consumer Protection in Retail: Weekly Roundup