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September 12, 2017
Posted in  Other 75-1.1 Issues

Does the Fair Credit Reporting Act Preempt State-Law Claims for Unfair and Deceptive Trade Practices?

In cases that involve claims brought under North Carolina’s Unfair and Deceptive Trade Practices Act, an often overlooked issue is whether federal law preempts the 75-1.1 claim. In a case of apparent first impression, a federal district court in North Carolina recently ruled that the federal Fair Credit Reporting Act […]

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August 15, 2017
Posted in  Privacy and Data Security

How a Potent Defense Can Stifle Data-Breach Lawsuits by Businesses

Consumers aren’t the only plaintiffs in data-breach litigation. Businesses sue, too. When they do sue, businesses can be strong plaintiffs. This is because, unlike consumers, businesses usually can establish standing, since they’re more likely to have suffered direct financial loses that can be readily identified.   This doesn’t mean, however, […]

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