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Identity Theft--Consumer View

Understand the requirements so that your clients can protect themselves!

  • Product Number: 2140540P01
  • CLE Credits, earn up to:
    3 substantive credits, 0 ethics credits CLE Credit Note
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  • Product Description
  • Agenda & Materials
  • Faculty
  • Product Description

    Product Description

    In today's world of online shopping, online dating, online banking, online journaling, and seemingly online living, people are constantly asked to provide their private information in venues that arent foolproof in preventing breaches in security of personal data. So, how can you counsel your client to most effectively keep private information private, and protect him or herself from becoming the victim of identity theft? And when identity theft does occur, how can you help your client seek redress? This program guides you through the laws and regulations governing identity theft.

    Frequent news of massive breaches of the security of repositories of personal information in the early-to-mid 2000s led to acute public awareness of the dangers of identity theft and to attendant legislative and administrative responses at both the federal and state levels. Starting with seemingly specialized federal statutes as the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act and the Health Insurance Portability and Accountability Act, the Federal Trade Commission promulgated a "Red Flags Rule" that required the development of a written identity theft prevention program (addressing "red flags" for possible identity theft) not only by financial institutions, but by broadly defined "creditors." After substantial litigation and Congressional action to reject its application to professionals regulated by states-such as lawyers-the FTC revised its Red Flag Rule, most recently amended June 12, 2013.

    Forty-six states and the District of Columbia have enacted laws to require notification of breaches of the security of personal information (such as credit card numbers) to their owners and to state agencies. Some states have introduced legislation to impose liability-even strict liability-on merchants for security breaches. Pursuant to the Massachusetts notification statute, M.G.L. c. 93H, the Office of Consumer Affairs & Business Regulation promulgated Standards for the Protection of Personal Information, 201 CMR 17.00-perhaps the most far reaching in the nation, subjecting violators to Chapter 93A liability. The standards went into effect March 1, 2010.

    Despite these regulations and high-profile FTC investigations, in late 2013, Target Corp. had its systems "hacked" resulting in the theft of 40 million credit and debit card numbers and 70 million telephone numbers and access to the names and physical or e-mail addresses of Target customers. Counselors to victims of breaches need to know how to limit and remediate the damage.

  • Agenda

    Agenda & Materials

    Please Note

    MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

  • Faculty

    Chair

    Stephen Y. Chow, Esq., Stephen Y. Chow, PC, Boston

    Faculty

    Barbara B. Anthony, Esq., Pioneer Institute, Boston
    Ellen M. Giblin, Esq., Privacy Hub LLC, Marblehead
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