The Internal Revenue Service has introduced a formal policy to assist identity-theft victims in getting copies of bogus tax returns filed in their name.
The IRS, which posted instructions for fraud victims on its website for the first time this month, said it would acknowledge requests for copies of returns within 30 days and respond within 90 days. Due to strict IRS privacy laws, some of the information will be redacted to prevent fraud.
For most substantial companies, it is said, experiencing a data breach is not a matter of “if,” but “when.” Particularly when a company is consumer-facing, any publicized data breach is likely to be followed by consumer class action lawsuits.
For several years, Covington and other litigation defense teams have succeeded in obtaining dismissals of class action privacy and security lawsuits at an early stage because named plaintiffs have failed to prove sufficient actual harm to merit standing to sue. And we are engaged in briefing how the law of standing will be addressed by the U.S. Supreme Court in its next term in the case of Robins v. Spokeo Inc., 742 F.3d 409 (9th Cir. 2014), cert.granted, 135 S. Ct. 1892 (Apr. 27, 2015) (No. 113-1339).1
This article addresses how courts approach standing in data breach cases following the Supreme Court’s decision in Clapper v. Amnesty International, 133 S. Ct. 1138 (2013), and analyzes which alleged injuries are more likely to be durable in the face of a motion to dismiss.
The Supreme Court on Monday declined to take up a closely watched case over whether police need a warrant to obtain records about people’s locations based on their cellphones, the latest chapter in an ongoing debate about how privacy laws apply to evolving technology.
The decision by the nation’s high court to pass on the case, Davis v USA, comes as a blow to privacy advocates who had pressed the justices to overturn an appeals court’s determination that a warrant is not necessary for the searches.
As is typical, the Supreme Court did not offer any justification in declining to take up the case on Monday.