Florida businesses that collect substantial amounts of consumer data are often targeted by nefarious actors who seek to compromise confidential information that may be valuable for sale to those who aim to commit identity fraud. The resulting data breaches often lead to class action lawsuits. Data breaches and privacy litigation are increasing as businesses leverage
Technology Industry Legal Blog
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TCPA and FTSA Consent Checklist
In Florida, the Telephone Consumer Protection Act (“TCPA”) and the Florida Telephone Solicitation Act (“FTSA”) limit the use of automated systems for placing automated calls and sending automated text messages. Both the FTSA and the TCPA permit the use of automated dialing systems if the caller obtains the called party’s “prior express written consent.”
Consent …
Data Breach Class Action Defense – Contractual and Quasi-Contractual Claims
Modern Florida businesses are often targeted by nefarious actors who seek to compromise confidential information to commit identity fraud and to sell the information on the black market. While businesses often work tirelessly to protect consumer data, the reality is, sometimes confidential information is compromised. For Florida businesses to minimize their trailing legal liability and…
Mitigating the Risk of a Data Breach – How Healthcare Providers Address Sophisticated Hacker Collectives
By Brandon C. Meadows and Zachary A. Pestcoe
Modern healthcare providers who utilize cutting-edge technology to obtain, store, analyze, and access patient data can operate with unprecedented efficiency to obtain a competitive edge in the healthcare marketplace. These benefits do not come without a cost – the cost of protecting your business and data from…
Data Breach Class Actions: Analyzing Standing for Future Injuries-in-Fact (Part 2)
By Brandon C. Meadows, Esq. & Ty Robare, Law Clerk
Businesses regularly store the data of customers and clients, whether through transactions or regular recordkeeping practices. When businesses hold onto this data, they are obligated to protect it from falling into the hands of unauthorized parties. In the digital age, though, the menace of data…
Data Breach Class Actions: Analyzing Standing for Future Injuries-in-Fact (Part 1)
By Brandon C. Meadows, Esq. & Ty Robare, Law Clerk
Businesses regularly store the data of customers and clients, whether through transactions or regular recordkeeping practices. When businesses hold onto this data, they are obligated to protect it from falling into the hands of unauthorized parties. In the digital age, though, the menace of data…
Consent: An Absolute Defense to Violation of the Telephone Consumer Protection Act and Florida Telephone Solicitation Act
Technological advances have made telemarketing easier than ever. When utilizing automated telemarketing systems, with a single click of a mouse, businesses can place thousands of phone calls and send tens of thousands of individual text messages. With the same click of a mouse, Florida businesses can unknowingly subject themselves to hundreds of thousands of dollars…
Cyber Crime and Computer Fraud Insurance: Is Your Business Covered?
In today’s digital world, there are many scams that fraudsters employ to steal money and information from your company. Those computer-based scams include hacking, phishing, ransom-ware, and spoofing to name only a few. The first step in protecting against these cyber crimes is to have the appropriate information technology and employee checks and balances in…
A Three Step Guide to Complying with Applicable Law When Your Data Has Been Breached
Regulatory Compliance causes many companies to proactively deal with information security. There are multiple federal laws that impact and regulate the protection of Personally Identifiable Information (“PII”)[1], some of the most well-known being GLBA[2] (regulating financial institutions), HIPAA[3] (regulating the healthcare industry), SOX[4] (regulating US public company boards, management and…
E-Discovery Terminology for Every Litigator
On September 29, 2016 the Florida Supreme Court amended rules 4-1.1 and 6-10.3 to the Rules Regulating The Florida Bar. As a result, Florida attorneys will now be required to obtain three credit hours of CLE in approved technology programs. Further, language was added to the Comment to Rule 4.1.1 Competence, which reads as…