Loyalty programs operated by retailers allow the retailer to track the purchases made by customers and offer customers tailored information about products and sales. However, there is a dark side to such programs. The tracking may also provide plaintiffs’ lawyers a method of identifying potential class members thereby providing a basis for such litigation to
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Smart Customer Service Is Smart Risk Management
By Douglas J. Behr on
Posted in Litigation

We were recently reminded that a company’s customer interface is, at times, part of the risk management process. Handled smartly and risk can be minimized; handled poorly and a class action lawsuit can result.
According to a class action lawsuit currently in federal court, a customer called customer service to complain of damage to his…
Privacy Class Action Claims on the Rise
By Sheila Millar & Tracy P. Marshall on
Posted in Privacy


From the allegations of Edward Snowden about official snooping on U.S. citizens (and non-Americans worldwide) to any of the seemingly innumerable data breaches hitting retailers like Home Depot and Target or movie/television studio Sony or pick-your-favorite-example, it’s rare that a day passes without some breaking news about privacy (or its sibling, cybersecurity).
Think of the…