Michael Beder

Michael Beder

Michael Beder is an associate in the firm’s Washington, DC, office. He is a member of the Communications and Media, Data Privacy and Cybersecurity, and Litigation practice groups.

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Ninth Circuit Holds That Spokeo Plaintiff Has Standing to Proceed on Claim Over Inaccurate Information

The closely watched lawsuit alleging Spokeo, Inc., violated the Fair Credit Reporting Act (“FCRA”) may proceed, after a federal appeals court ruled — on remand from the Supreme Court — that publication of the inaccuracies alleged by the plaintiff would constitute a sufficiently “concrete” harm to give the plaintiff standing to sue in federal court.  … Continue Reading

D.C. Circuit: Data Breach Plaintiffs Plausibly Allege ‘Substantial Risk’ of
ID Theft Sufficient to Support Standing

Customers’ allegations that they face a substantial risk of identity theft as a result of a 2014 data breach are sufficiently plausible to allow their suit against health insurer CareFirst to proceed, the U.S. Court of Appeals for the D.C. Circuit held in an August 1 decision. CareFirst discovered in April 2015 — and announced … Continue Reading

Third Circuit: TCPA Suit By Roommate Who Answered Prerecorded Call Can Proceed

A man who alleges he received an unauthorized prerecorded call on the landline he shared with his roommate has standing to proceed with his lawsuit under the Telephone Consumer Protection Act (“TCPA”), the U.S. Court of Appeals for the Third Circuit ruled. Mark Leyse’s lawsuit against Bank of America alleges that a telemarketer advertising Bank … Continue Reading

Neiman Marcus Asks Full 7th Circuit to Consider Standing Ruling in Breach Suit

A Seventh Circuit panel that allowed a data breach suit against Neiman Marcus to proceed misapplied the Supreme Court’s precedents on standing and, “if allowed to stand, will impose wasteful litigation burdens on retailers and the federal courts,” the retailer argues in a petition filed yesterday asking the full Seventh Circuit to rehear the case. … Continue Reading

Data Breach Plaintiffs Allege Enough Risk of Harm for Suit to Proceed, Appeals Court Rules

Neiman Marcus customers whose credit card information potentially was exposed in a 2013 breach of the retailer’s computer systems may proceed with their proposed class action lawsuit against the retailer, a federal appeals court ruled Monday. Neiman Marcus discovered in December 2013 that some of its customers had found fraudulent charges on their credit cards, … Continue Reading

Carriers Agree to $3.5 Million FCC Fine For Alleged Privacy Violations

In a consent decree adopted yesterday by the Federal Communications Commission, two telecommunications carriers — TerraCom, Inc., and YourTel America, Inc. — agreed to pay a $3.5 million civil penalty and adhere to a three-year compliance program to settle allegations that the carriers violated the federal Communications Act by failing to adequately protect “proprietary information” … Continue Reading

FCC Ruling Tightens TCPA Restrictions; Dissenters Warn of Increased Class-Action Abuse

In an order adopted at Thursday’s Open Meeting, the Federal Communications Commission acted on 23 petitions or other requests for clarification regarding the application of the Telephone Consumer Protection Act, a federal law that restricts telemarketing  and certain other types of calls.  The FCC has issued a news release describing yesterday’s order as an effort to … Continue Reading

FCC Adopts Consent Decree Regarding Verizon CPNI Opt-Out Notices

A Consent Decree adopted by the FCC’s Enforcement Bureau on September 2 settles the FCC’s inquiry into allegations that Verizon failed to provide some customers with required notices about Verizon’s use of Customer Proprietary Network Information (CPNI) and took too long to notify the FCC after discovering the error. Under the Consent Decree, Verizon will … Continue Reading

Judge Reduces Punitive Damages Against Equifax in FCRA Suit

A federal judge on Wednesday reduced a jury’s punitive damages award against Equifax from more than $18 million to $1.62 million, after finding that the jury’s award was unconstitutionally excessive despite Equifax’s “reprehensible” conduct in violating the Fair Credit Reporting Act. Plaintiff Julie Miller sued Equifax under FCRA for failing to correct mistakes in the … Continue Reading

SEC Exams of Asset Managers to Include Focus on Cybersecurity

Routine SEC examinations of investment advisers and investment companies this year will include scrutiny of these entities’ cybersecurity policies, an SEC official told attendees Thursday at a national agency-hosted compliance seminar. The SEC’s Regulation S-P, which implements the federal Gramm-Leach-Bliley Act, requires brokers, dealers, investment companies, and registered investment advisers to “adopt policies and procedures … Continue Reading

Court Strikes Net Neutrality Rules, Leaves Path for Other Broadband Regulations

A federal appeals court struck down key parts of the Federal Communications Commission’s Open Internet Order in a Jan. 14 decision, ruling that the FCC’s “net neutrality” rules improperly regulate broadband providers like “common carriers” — such as providers of traditional telephone service — even though the FCC has classified broadband providers as not subject … Continue Reading

New Jersey Restricts Employer Access to Employees’ Personal Online Accounts

New Jersey has enacted restrictions on the ability of employers to access employees’ social media accounts, becoming the twelfth state to enact such legislation. More than 30 state legislatures have considered bills on the topic in 2013, according to the National Conference of State Legislatures. New Restrictions in New Jersey New Jersey’s new law, signed … Continue Reading

Senators, Justice Department Voice Support for Expanding Journalists’ Protections

A group of senators announced on Wednesday that they would renew their push for federal legislation to limit the ability of federal authorities to compel journalists to reveal information about or obtained from confidential sources, after the U.S. Department of Justice announced it would tighten its own standards for when to seek such information. The … Continue Reading

FCC: Customer Data Carriers Obtain Through Mobile Devices Subject to Existing Privacy Rules

Telecommunications carriers and providers of interconnected VoIP service with access to certain kinds of customer information collected through mobile devices are subject to existing privacy rules governing their use and disclosure of that information, the Federal Communications Commission announced in a declaratory ruling adopted at its June 27 meeting.  Significantly, the decision makes clear that … Continue Reading

FCC to Consider Ruling on Carriers’ Use of Data Collected on Mobile Devices

The Federal Communications Commission is scheduled to vote this month on a declaratory ruling stating that existing rules governing telephone carriers’ use of subscribers’ personal information also apply to data collected on mobile devices. Existing regulations restrict telecommunications carriers’ ability to use or disclose Customer Proprietary Network Information (CPNI) that a carrier obtains in the … Continue Reading

FCC Confirms That Sellers Can Be Liable for Telemarketer TCPA Violations

A seller who authorizes a third-party telemarketer to market the seller’s goods or services may be held vicariously liable if the telemarketer violates the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission held in a May 9 declaratory ruling. The FCC’s ruling interprets two subsections of the TCPA. The first subsection — 47 U.S.C. … Continue Reading

Utah, New Mexico, Arkansas are Latest States to Restrict Access by Employers or Schools to Personal Social Media Accounts

After gaining prominence in 2012, state legislation restricting access to personal social media accounts by employers and schools has remained active.  Three more states have enacted their own restrictions thus far in 2013, and bills are pending in more than two dozen other states, according to the National Conference of State Legislatures. In 2012, Illinois … Continue Reading

Bill Would Set Federal Restrictions on Employer, School Access to Personal Online Accounts

A bill reintroduced in the U.S. House of Representatives on Wednesday would prohibit employers and schools from requesting or demanding access to employees’ or students’ personal social-media accounts. The bill, titled the “Social Networking Online Protection Act,” would bar employers from requesting or requiring that employees or job applicants provide the employer access to personal … Continue Reading

New Jersey Restricts Colleges’ Access to Students’ Personal Accounts, Considers Similar Protections for Employees

New Jersey earlier this month became the latest state to bar college and university officials from demanding access to students’ or applicants’ personal online accounts.  Gov. Chris Christie signed the law, which takes effect immediately, on Dec. 3. Under the new law, which applies to public and private higher-education institutions, schools cannot require a student or … Continue Reading

New California Laws Restrict Employer, College Access to Personal Social-Media Content

California is the latest state to enact legislation restricting the circumstances under which employers or schools can demand access to employees’ or students’ personal social media accounts. California Gov. Jerry Brown signed two bills into law on Sept. 27.  The first, A.B. 1844, bars employers from requiring or requesting that employees or job applicants disclose … Continue Reading

First Circuit Finds Bank’s Online-Security Procedures ‘Commercially Unreasonable’

A bank that required a commercial customer to answer “challenge questions” for virtually all online payments and that did not implement other common security measures failed to provide a commercially reasonable level of security, the U.S. Court of Appeals for the First Circuit ruled this week. The case arose when unknown hackers were able to … Continue Reading

N.J. Federal Court: Privacy Claim Based on Coerced Access to Employee’s Facebook Posts May Proceed

A federal district court in New Jersey ruled this week that an employer might have invaded an employee’s common-law privacy rights by coercing a co-worker into giving the employer access to the employee’s Facebook profile. The plaintiff, a nurse and paramedic employed by a non-profit hospital service corporation, alleges that her supervisor forced a co-worker … Continue Reading

What Happened at the FTC Advertising and Privacy Disclosures Workshop? (Part 2 of 2)

The afternoon panels at yesterday’s FTC workshop focused on mobile issues, with the first focusing on mobile advertising disclosures and the second focusing on mobile privacy disclosures. Some themes were common to both panels.  In particular, panelists in both sessions identified the unique challenges of designing disclosures that will effectively communicate with consumers who often … Continue Reading

Bills Head to House Floor for “Cybersecurity Week”

The House of Representatives next week will consider legislation to counter online threats as part of what the House leadership has dubbed “Cybersecurity Week.” The House Homeland Security Committee approved the PRECISE Act on Wednesday. The committee adopted an amendment from the bill’s sponsor, Rep. Dan Lungren (R-Cal.), to remove provisions that would have required … Continue Reading
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