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Archives for May 2015

Illinois Legislature Debates Stronger Data Breach Notification Law

mckenna · May 26, 2015 ·

Proposed legislation currently under consideration by the Illinois General Assembly would amend Illinois’ Personal Information Protection Act (PIPA) by expanding the law’s definition of personal information and by requiring new disclosure and security requirements on data collectors. Senate Bill 1833 passed the Illinois State Senate on April 21, 2015 by a 35-13 vote. On May 19, 2015, the House Judiciary Committee recommended the bill for adoption. The bill is currently awaiting consideration by the full House.

PIPA was originally passed in 2005. It requires entities that suffer a data breach to notify Illinois residents if the breached information includes residents’ drivers’ license numbers, social security numbers or financial account information. Illinois Attorney General Lisa Madigan is now seeking to strengthen the law due to the increased frequency and sophistication of data breaches since the law was first enacted. “In the last several years, data breaches have become far too frequent,” Madigan said. “It is imperative that we strengthen the state’s data breach notification laws to ensure that people are informed of breaches so they can take steps to minimize the risk of identity theft.”

Senate Bill 1833, drafted by Attorney General Madigan, expands the types of information that trigger breach notifications when accessed without authorization. The expanded definition includes medical information outside of federal privacy laws, biometric data, sensitive consumer marketing data, and contact information when combined with identifying information and login credentials for online accounts. Along with the expanded definition of personal information requiring notification, covered entities also must take reasonable steps to protect information, post a privacy policy and notify the Illinois Attorney General following a breach. Madigan plans to take this information and create a website listing every data breach that affects Illinois residents. The proposed changes will give Illinois one of the strongest data breach notification laws in the country.

We will continue to monitor the status of this bill and will report on any future developments.

DEBT COLLECTION: Do you really owe the money?

mckenna · May 14, 2015 ·

Verify your debt before paying any collection agency: There are many scam artists trying to collect non existent debts. They phone, they text, they email, and they use regular mail. Before you send money to a collection agency there a few simple steps you should take to obtain additional information about the debt to ensure that you are not being scammed.  

If you are contacted by phone:

  • ask for the name, address, and phone number of the business and the collector;
  • ask for the original creditor and account number of the debt you allegedly owe; and
  • ask for documentation showing that you owe the debt be faxed or mailed to you.

If they are unwilling to do these things, the legitimacy of the caller is in serious doubt.

If you are contacted by mail, email or text: make sure the letter indicates the amount of the debt, name of the original creditor, and information on how you can dispute the bill and/or request additional information. If these elements are missing or they are unwilling to provide the information, then the legitimacy of the collector is in doubt.

Remember that you are always entitled to receive information about the original creditor and amount owed after requesting that information in writing from the collection agency. That is an easy way to identify imposters.

For more information on debt collection and consumer protections see:

http://www.illinoisattorneygeneral.gov/consumers/debtcollection.html

http://www.consumerfinance.gov/complaint/

 

 

Legal advertisement. The content of this blog is provided for informational purposes only and is not intended as legal advice. McKenna Storer is not liable for any actions taken on the information provided and is not liable for any errors or omissions.   McKenna Storer is a debt relief agency. We help people file for bankruptcy under the bankruptcy code.

McKenna Employment Bulletin – May 2015

James DeNardo · May 4, 2015 ·

  • SEVEN MONTH GAP AFTER FMLA LEAVE PREVENTS RETALIATION
  • SECLUDING AN EMPLOYEE FROM THE WORKPLACE SUPPORTS A COMPENSATORY DAMAGE AWARD
  • THE PERSON TERMINATING MUST KNOW THE BIAS OF THE PERSON RECOMMENDING THE TERMINATION IN ORDER FOR THE BIAS TO SUPPORT A CAUSE OF ACTION
  • YOUR DISCRETIONARY BONUS PLAN MAY SUPPORT A BREACH OF CONTRACT CLAIM
  • YOUR AGE-RELATED COMMENTS CAN SUPPORT AN ADEA CLAIM AND RETALIATION
  • PERFORMANCE DEFICIENCIES STOP AN FMLA CLAIM

  [Read more…] about McKenna Employment Bulletin – May 2015

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1004 Courtaulds Dr., Suite A
Woodstock, Illinois 60098
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