Blog Topic

TJX (TJ MAXX) SETTLES WITH BANKS OVER DATA BREACH
Posted by: Micah Adkins
September 15, 2009

TJX, the parent corporation of the retailer TJ Maxx (among others), announced on September 2, 2009 that it had settled with four banks over a 2006 data breach.  According to Dan Kaplan, a writer for SC Magazine, TJX will pay the four banks some $525,000.00.   The data breach exposed as many as 94 million credit and debit card users to identity theft and unauthorized charges.  FULL Story.

If you have been a victim of identity theft, or have discovered unauthorized charges on your credit or debit card, then you may be entitled to money damages.  Contact attorney Micah Adkins for a free and confidential consultation.  

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IS YOUR PRESCRIPTION INFORMATION REALLY PRIVATE?
Posted by: Micah Adkins
August 15, 2009

In a NY Times article written by Milt Freudenheim, attention is brought to a little known provision of the economic stimulus package.  No it does not have to do with more money for the healthcare industry.  Full Story

Instead, the provision is aimed at protecting patient's personal information from marketing companies.  The new rules would limit pharmacy benefit managers and others from disclosing patients' personal health information.  While CVS Caremark and Walgreens will still be allowed to sell patients prescription data to drug manufacturers, they may only do so if the patients names are removed.

Do the new rules do enough?  I say no.  Why?  Because drug marketing will still be permitted as long as the marketing companies only promote drugs that are already being used by the pharmacies' customers.  Pharmacies may also continue to sell patients' personal drug information to other pharmacies without the patients' consent.

If you have discovered that your personal information has been shared without your permission, then you may be entitled to money damages.  Contact attorney Micah Adkins for a confidential consultation.

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HOW DO I OBTAIN A FREE CREDIT REPORT?
Posted by: Micah Adkins
June 24, 2009

The Fair Credit Reporting Act ("FCRA") provides consumers with the right to request a credit report from any of the three nationwide credit reporting agencies ("CRAs")(e.g., Equifax, Experian and Trans Union) for free one time in a twelve (12) month period. 15 U.S.C. 1681j(a)(2). The CRA must provide the consumer with a the credit report within fifteen days of receiving the consumer's request. 15 U.S.C. 1681j(a)(2). Further, even when consumer demands for their credit reports increase, CRAs, by law, must have the requisite ability to meet the reasonable anticipated consumer requests. 16 C.F.R. 610.2(e) and 3(c).

The CRA may request additional identifying information from the consumer prior to sending the report, but the CRA may only do so to process the consumer's request, process a simultaneous transaction as requested by the consumer, update the consumer's personal identifier, or comply with any of the other requirements of the FCRA.

A consumer may request all three credit reports online at http://www.annualcreditreport.com/, by telephone at 1-877-322-8228, or via mail at:

Annual Credit Report Request Service
P.O. Box 105281
Atlanta, GA 30348-5281

Our firm helps consumers get their credit reports and resolve consumers' disputes with CRAs for inaccurate or incomplete information contained in their credit files.  For a free consultation, contact attorney Micah Adkins.

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SCHOOL EMPLOYEES VICTIM OF IDENTITY THEFT
Posted by: Micah Adkins
April 14, 2009

According to Katherine Leal Unmuth of the Dallas Morning News, at least 3,400 teachers and school employees of the Irving Independent School District (suburb of Dallas, Texas) are victims of low-tech identity theft. The personal data (including Social Security numbers) is believed to have been taken from a trash dumpster and was not shredded.

"Dumpster diving" is a low-tech method for identity thieves to collect personal information. Many states do not have laws prohibiting people from taking trash from dumpsters; however, employers have a duty to safeguard its employees personal information and should always shred personal information prior to disposal. As a result of the security breach that seemingly could have been easily avoided, Irving School District employees are complaining of fraudulent credit card charges, out-of-pocket expenses to change driver's license numbers and sleepless nights.  Two people have been arrested in connection with the identity theft.

FULL STORY

If you or a family member has been a victim of identity theft as a result of a security breach at your place of employment, contact attorney Micah Adkins for a free consultation.

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WHAT IS A CONSUMER REPORTING AGENCY AND A CONSUMER REPORT?
Posted by: Micah Adkins
February 28, 2009

The Fair Credit Reporting Act ("FCRA") regulates Credit Reporting Agencies (CRAs) and consumer reports. Generally, a CRA is an entity that furnishes consumer reports. Specifically, a CRA is: any person which, for monetary fees, dues, or on a non-profit cooperative basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. Examples of CRAs include: Equifax, Experian and Trans Union.

A consumer report is "any written, oral or other communication of any information by a CRA bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living in which is used or expected to be used or collected in whole or part for the purpose of serving as a factor in establishing the consumer's eligibility for (A) credit or insurance to be used primarily for personal, family, or household purposes; (B) employment purposes; or (C) any other purpose authorized under 1681b of this title." 15 U.S.C. 1681a(d)(1).

The two terms are interdependent. A consumer report is not the same thing as a consumer's file kept by a CRA. Nunnally, Jr. v. Equif. Info. Servs., 451 F.3d 768 (11th Cir. 2006). A consumer file is all information kept by a CRA regarding a specific consumer. The consumer report is information from the consumer file communicated to a third-party. For example, a consumer report could be information provided over the telephone, mail or electronic means. A report provided to the consumer is not a consumer report; instead, the report is a disclosure. See Cousin v. Trans Union Corp., 246 F.3d 359 (5th Cir. 2001). Disclosures are subject to the FCRA dispute and reinvestigation procedures. Thomas v. Gulf Coast Credit Serv., Inc., 214 F. Supp. 1228 M.D. Ala. 2002).

A report that falls outside of the FCRA's consumer report definition can be reported by a CRA and the FCRA is inapplicable, but consumers may still have legal remedies against CRAs when non-consumer reports contain inaccuracies. For example, if a report is a consumer report, then the FCRA regulates the transaction and the information can only be reported under certain conditions and the FCRA applies. If the report is not a credit report, then the FCRA imposes no restrictions on the use of the report, but the user and CRA may be subject to common law tort claims for the misuse of the report or its inaccuracies. 

The FCRA is a complex federal act. Consumers need an attorney experienced in litigating cases under FCRA and other consumer protection statutes. If you believe your consumer report contains inaccuracies or was misused, you may be entitled to money damages.

Contact attorney Micah Adkins for a free case evaluation.

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VA TO PAY $20 MILLION TO SETTLE VETERANS DATA BREACH CLASS ACTION LAWSUIT
Posted by: Micah Adkins
February 17, 2009

The New York Times is reporting the United States Department of Veterans Affairs and veterans have reached a preliminary settlement agreement. According to the Times, the Department of Veterans Affairs (represented by the Department of Justice) agreed to pay $ 20 million dollars to settle several class action lawsuits filed by veterans and veteran groups. The lawsuits were filed after a Veterans Affairs laptop was stolen from the home of one of its employees. The laptop contained as many as 26.5 million veterans and active-duty members' names, birth dates and Social Security numbers.

FULL STORY

Our firm represented one of the putative class representatives. We regularly represent victims of identity theft. Since 34 states have enacted breach notification laws, consumers are beginning to receive letters from businesses or government offices regarding compromised personal identifying information.

If you have been a victim of identity theft or have received a breach notification letter, you may be entitled to money damages. Contact attorney Micah Adkins for a confidential consultation.

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WYNDHAM HOTELS AND RESORTS DATA BREACH
Posted by: Micah Adkins
January 25, 2009

According to Wyndham Hotels and Resorts, an internal security review revealed "unusual activity at one of its company servers" in September 2008. It was also discovered that the "hacker" was able to access customer transaction files and created a file of guests' credit and/or debit card numbers and expiration dates. Wyndham did not begin notifying its guests of the breach until December 2008. See Breach Notification Letter below for details.

Wyndham is offering 1 year of credit monitoring and a discount to stay at its hotels. Is this enough? What is your personal information worth?

Our firm is investigating the data breach and we are gathering information from consumers nationwide. If you have received a letter from Wyndham regarding the data breach your rights may have been violated.

Contact Micah Adkins for a free consultation.

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COUNTRYWIDE TO OFFER CREDIT MONITORING TO ID THEFT VICTIMS
Posted by: Micah Adkins
September 30, 2008

Countrywide Financial Corporation is scrambling to mitigate damages after its most recent data breach.  According to news reports, a Countrywide employee allegedly took customers' personal financial information and sold the information to other creditors as mortgage leads.

Now, Countrywide is attempting to convince its customers that a free credit monitoring service will protect customers from harm.  What do you think?

Click here for Full Story

If you have received a letter from Countrywide stating your information has been compromised, then you may be entitled to money damages.  For a free consultation, contact Micah Adkins.

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Countrywide Data Theft
Posted by: Micah Adkins
September 14, 2008

On September 10, 2008, media reports announced that as many as 2 million Countrywide Financial Corp. customers and loan applicants may have had their personal information, including Social Security numbers, stolen by a Countrywide employee. The former employee was arrested on August 1, 2008, for allegedly illegally accessing the firm's computers for more than two years. Countrywide recently sent letters to consumers, notifying them of the possible breach.

Massey, Stotser & Nichols, PC is currently conducting an investigation into Countrywide for the data breach. If you have received a letter from one of these companies regarding the disclosure of your personal information, or if you have reason to be believe you might have been affected, please contact attorney Micah Adkins immediately for a free consultation.  

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Inaccurate Credit Report
Posted by: Micah Adkins
August 12, 2008

Under the Fair Credit Reporting Act (FCRA), consumers are entitled to one free credit report in a 12 month period.  The federal law provides consumers with one free credit report from each of the three major national credit reporting agencies (CRAs, i.e., Experian, Equifax and TransUnion).  Get your free credit report here.  Do not be fooled by ads from freecredit.com that provides a "free" credit report only after you enroll in a membership program for a FEE! 

It is important to request and review your credit report on a regular basis.  I am often contacted by consumers that have reviewed their credit report and are surprised to discover accounts opened without their authorization.  Consumers contact me when they cannot get CRAs to remove the incorrect information.  When CRAs continue to report inaccurate or incomplete information, you may be entitled to money damages and attorney fees under federal law.

If you have reviewed your credit report and disputed inaccurate or incomplete information with one of the credit reporting agencies without success, then you may be entitled to money damages.  Contact an attorney at our firm for a free consultation.

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The Girl Next Door
Posted by: Micah Adkins
June 25, 2008

I read a rather disturbing article this past week on a recent ID theft case. The article wasn't disturbing because it involved ID theft of hundreds of thousands of dollars - I hear that ever day! Instead, I was disturbed to see who one of the perpetrators was - the proverbial girl next door!

22 year-old Drexel senior, Jocelyn Kirsch, and her boyfriend, Edward Anderton (25) are accused of stealing their neighbors' credit card numbers in an elaborate ID theft scheme. The former camp counselor is on house arrest while she faces federal charges of identity theft, conspiracy, unlawful use of a computer, forgery and a slew of other offenses. This after her neighbor uncovered the "Bonnie and Clyde" duo had opened a credit card account under her name just three weeks after she moved in.

During their investigation, officials discovered old billing statements for one neighbor and the passport of another. According to authorities, both were taken as a result of burglary. The couple probably used the signature from the passport on one of the fake driver's licenses, according to the Daily News. Investigators seized fourcomputers, including two laptops, two copiers, a scanner and an industrial-size machine that manufactures driver's licenses.

The nightmare has just begun for the victims of this scheme. No doubt, hundreds of hours will be spent by victims to clear up their credit history. This can be a daunting task for anyone; especially, because of the hurdles in place under federal law. However, my firm represents victims of ID theft everyday against the credit reporting agencies (Equifax, Experian, Trans Union, etc) and we may be able to help you, too! If you think you may be a victim of ID theft, contact me today for a free consultation.

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Identity Theft - MSN Attorney Victim of ID Theft
Posted by: Micah Adkins
May 20, 2008

This past week one of our attorneys was the victim of identity theft. His credit card information had been compromised and someone in the Grand Caymans was using his credit card information. Fortunately he found out about it quickly and was able to stop it.

Identity theft is a major concern in today's society. Few people know that there are federal laws targeted at preventing identity theft related to credit card and debit card information. Specifically, the Fair and Accurate Credit Transaction Act ("FACTA") makes it illegal for a business to give you a credit or debit card receipt which either (1) contains more than the last 5 digits of your account number, or (2) contains your card's expiration date. This information can be used to steal your identity and run up charges on your account.

Rick Bearden and I are currently involved in several class action lawsuits against businesses who have disclosed their customers' credit / debit card information. For a recent article discussing identity theft published by the Birmingham News, you may follow this link:

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