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Category: Privacy and Data Security

May 15, 2018
Posted in  Privacy and Data Security

Framing Unfair and Deceptive Trade Practices Claims in Data-Breach Lawsuits

We wrote last year about an interesting data-breach lawsuit in federal court in Chicago involving internet-connected toys. The case, called In re VTech Data Breach Litigation, arose after hackers stole personal information that parents supplied when they registered for online accounts with the toy manufacturer, called VTech Electronics.    The […]

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March 21, 2018
Posted in  Privacy and Data Security

Can Companies Disclaim and Limit Liability for Data Breaches in Online Terms of Service? (Part 2 of 2)

Yesterday’s post examined a case called In re Yahoo! Inc. Customer Data Security Breach Litigation.  In In re Yahoo!, Yahoo sought to dismiss data-breach claims based on disclaimers and limitations of liability contained in Yahoo’s online terms of service.  As we discussed, the court rejected Yahoo’s reliance on security-related disclaimers […]

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March 20, 2018
Posted in  Privacy and Data Security

Can Companies Disclaim and Limit Liability for Data Breaches in Online Terms of Service? (Part 1 of 2)

Companies that operate online often include disclaimers and limitations of liability in standardized terms of service.    If a company suffers a data breach involving personal information collected from its customers, can the company rely on these disclaimers to limit or preclude liability to those customers? This two-part series of […]

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