What to Do if Your Data Has Been Stolen

As more and more of the world shifts online during the COVID-19 pandemic, data security has become a chief concern.  Any time you supply personal and/or financial information online, whether to pay bills, to make purchases, or to utilize online medical services, you are entrusting these companies to safeguard your identity.  Bad actors are constantly looking to take advantage your important data.

The burdens of falling victim to a data breach can be wide-reaching, from lost money to difficulty applying to receive unemployment benefits and other COVID-related relief to adverse effects on your credit score to theft of tax refunds.  These burdens can also take months if not years to manifest.  It can often feel overwhelming, not even knowing where to begin to look for help.

Major Universities Face Class Action Suits Over Lack of Tuition Refunds

As the coronavirus pandemic swept across the United States, many universities closed their campuses to students.  These actions were an appropriate response to the necessity of social distancing and limiting large gatherings.  The result of these actions was that students found themselves in the lurch for the remainder of the spring semester.  Most schools transitioned their student bodies to online instruction, hoping to offer a facsimile of the on-campus experience.  However, many students have found these offerings lacking when compared to the on-campus experience.

Students, many of whom paid tens of thousands of dollars in tuition and other associated fees, found themselves hoping for a reasonable refund since the schools were no longer providing the services they paid for.  Unfortunately, many universities have provided inadequate relief, arguing that the (often hastily assembled) online learning experience has been comparable.  Many students find this difficult to accept, particularly those whose fields of study rely heavily on in-person instructions in labs and studios.  The same education is simply not possible when done online.

Anderson+Wanca Secures $15,000,000 Settlement in Spam Text Litigation

Customers may know Tilly’s as a shopping mall staple selling clothes and shoes for a southern California lifestyle.  But the chain, with over 200 stores nationwide, got a little too aggressive in trying to recruit new and returning customers and ran afoul of the Telephone Consumer Protection Act (TCPA). 

Tilly’s denies these allegations but still entered into a nationwide settlement that brought direct relief to over 615,000 people who received an unsolicited text message.

The Telephone Consumer Protection Act was initially passed by Congress in 1991, to give consumers legal options to stop the onslaught of telemarketing calls to their household phones.  The statute has been amended numerous times and now applies to cell phones and text messages as well.

Business Interruption Insurance and the Coronavirus

Do you own a bar, restaurant, or other business that was closed as a result of the coronavirus pandemic AND you filed a claim with your insurance company for resultant losses AND you had that claim denied?  If so, we want to hear from you!

Anderson + Wanca is a law firm fighting to protect the rights of victims of insurer misconduct. We are at the forefront of efforts to recover for those who have been wrongfully undercompensated by insurers. And we are now launching an investigation into whether insurance companies are denying valid claims for losses suffered as a result of the coronavirus pandemic.  We can help YOU recover financial compensation that was improperly denied.

Can Your Trust Your Children’s Toys?

FTC headquarters in Washington, D.C.

With advances in voice recognition and machine learning, we see an increasing number of products that implement some form of vocal interaction. Popular ones include Google Home and Amazon Echo, as well as smaller digital assistants such as Apple’s Siri and Microsoft’s Cortana. Recently, companies such as Mattel have developed toys with voice interaction features for children, such as the Hello Barbie doll. However, with increases in artificial intelligence come increases in data collection, and with increases in data collection come increases in privacy concerns.

Parents and privacy advocates alike expressed concern over Hello Barbie’s potential to store records of intimate conversations. Concerns intensified when it was reported that the toy was susceptible to remote hacking through wireless networks. The latest companies under fire are Chinese-based toy manufacturer Genesis Toys and US software tech company Nuance Communications. In December 2016, the Electronic Privacy Information Center (EPIC), along with the Campaign for a Commercial Free Childhood, the Center for Digital Democracy, and the Consumers Union have filed a complaint with the Federal Trade Commission (FTC) about legal concerns relating to privacy in two toys, My Friend Cayla and i-Que Intelligent Robot, designed by Genesis with software written by Nuance. The complaint alleges that the companies violate a 1998 law, the Children’s Online Privacy Protection Act (COPPA), due to deceptive data collection without proper notice or parental consent.

Read More »Can Your Trust Your Children’s Toys?

Facebook, Biometric Data, and Class Action

Facebook, Biometric Data, and Class Action

Most Facebook users have encountered a key feature of the social media service when uploading photos: suggested tags based on facial recognition (“Tag Suggestions”). This feature has remained unchallenged until recently, when a class-action lawsuit was filed against the tech giant, claiming that key elements of this feature violate Illinois’ Biometric Information Privacy Act (BIPA), a law enacted in 2008.

The law, which was originally drafted by Illinois’ ACLU chapter, states that private entities collecting biometric information (defined as “a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry”) must provide public information about their data retention policy as well as guidelines for data destruction.

BIPA also prevents companies from selling or trading such information, and requires that they protect such data as they would other confidential or sensitive information.

Read More »Facebook, Biometric Data, and Class Action

Trump University Class Action: What You Need To Know

board-1445509_1920

The class action lawsuit filed against the defunct Trump U alleges, among other ignominious charges, “financial elder abuse.” Controversy surrounding the for-profit “university” enterprise came to a head after the presiding judge ruled for the release of sensitive documents to the public. In them, former employees described ruthless sales tactics the university would use to convince vulnerable sections of the population to sign up for expensive classes with, allegedly, no real educational value. The company claimed to teach students Trump’s strategies for success, and instructors were purportedly “hand-picked” by Trump to teach the students the key to successful investing.

Read More »Trump University Class Action: What You Need To Know

Theranos Class Action: What You Need To Know

file000966945967

Theranos, a company once hailed as a revolution in modern medicine, has been hit with several class action lawsuits in the past week. The company claimed that state of the art machine named “Edison” would change the world by radically reducing the time and amount of blood necessary for blood tests. Far from the promised game changing innovation however, the lawsuits allege that the company engaged in false advertising and failed to follow proper medical lab procedure, possibly exposing consumers to inaccurate lab results.

Read More »Theranos Class Action: What You Need To Know