Data Privacy, Telecommunications & Collections
In just a few decades, the collection and sharing of consumer data has become an integral part of most businesses’ day–to-day operations, not simply those of technology companies. Established and emerging businesses rely on data collection and analysis to reach new customers, grow their existing customer base, and drive internal performance. Harnessing consumer data to drive innovation offers tremendous opportunity, but also entails significant risk. We invest in understanding our client’s business and the latest trends in data acquisition and utilization as we recognize the litigation risk that arises out of a rapidly changing legal landscape, as well as the data security threats from outside actors.
BCLP’s Data Privacy, TCPA & FCRA Litigation Team focuses on the ever-increasing litigation risk relating to data privacy and security, and works closely with BCLP’s global Data Privacy & Security Team to help companies mitigate their risk and limit their financial exposure We defend clients in all industries, including health care, financial services, retail, education, technology and information services, against data breach and consumer privacy class actions under state and federal law, as well as novel claims under biometric data collection laws, including Illinois’ Biometric Information Privacy Act (BIPA).
We also routinely litigate persistent legal issues involving the use of both traditional technologies, such as telephones and fax machines, and computer/internet technology, for credit reporting, marketing and debt collection under various state and federal statutes. We defend our clients against claims brought under the Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), CAN-SPAM Act, FTC Telemarketing Sales Rule, Fair Debt Collection Practices Act (FDCPA), and state-level “Do Not Call” and debt collection statutes.
Data privacy litigation is a constantly evolving landscape. We help our clients stay up to date on the latest statutory and regulatory requirements, advise clients regarding leading risk mitigation strategies from cyber-insurance to litigation finance, and monitor federal and state-level customer complaints for clients. This allows us to identify issues and potential exposure at the earliest possible stage. For example, we have a dedicated FCRA team that is deeply invested in understanding the industry, and as a result, we help our clients learn from litigation to improve their business process. We also have relationships with leading cyber-insurance brokers and litigation finance firms to help clients prepare for the inevitable and reduce litigation exposure.