Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Privacy vs. bankruptcy: case lesson on when customer data is not for sale
    2011-09-23

    On September 21, 2011, FTC Bureau of Consumer Protection Director David Vladeck sent a letter to the court appointed consumer privacy ombudsman in the Borders Group, Inc. (Borders) bankruptcy proceeding advising against the sale of Border's customer information absent customer consent or significant restrictions on the transfer and use of the information.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Kelley Drye & Warren LLP, Credit card, Bankruptcy, Retail, Consumer protection, Interest, Personally identifiable information, Data, Consent, Liquidation, Consumer privacy, Federal Trade Commission (USA)
    Authors:
    Dana B. Rosenfeld
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    “Never say never”: lessons from Radioshack’s sale of customer information
    2015-07-15

    When a bankrupt company’s most valuable assets include consumer information, a tension arises between bankruptcy policy aimed at maximizing asset value, on the one hand, and privacy laws designed to protect consumers’ personal information, on the other.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Morrison & Foerster LLP, Bankruptcy, Retail, State attorney general, Federal Trade Commission (USA)
    Authors:
    Larry Engel , Kristin A. Hiensch
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    RadioShack to destroy, not sell, PII in bankruptcy agreement
    2015-06-11

    Facing objections from the Federal Trade Commission and the Attorneys General of 23 states, RadioShack in its bankruptcy filing, has agreed to destroy the bulk of the personal customer information maintained in its files.

    As part of its Chapter 11 petition, the company offered all of its assets for sale—including data on roughly 117 million customers, such as e-mail addresses, telephone numbers, and credit and debit card information.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Manatt Phelps & Phillips LLP, Federal Trade Commission (USA)
    Location:
    USA
    Firm:
    Manatt Phelps & Phillips LLP
    RadioShack agrees to significant limitations in sale of customer data following pressure from state regulators and the FTC
    2015-06-03

    In what may become viewed as the de facto standard for selling customer information in bankruptcies, a Delaware bankruptcy court approved, on May 20, 2015, a multi-party agreement that would substantially limit RadioShack’s ability to sell 117 million customer records.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, IT & Data Protection, Litigation, Alston & Bird LLP, Federal Trade Commission (USA)
    Authors:
    Jason R. Wool
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Protection for “personally identifiable information” in bankruptcy sales
    2007-12-05

    The nature of online commerce requires the collection of information from individuals to identify the parties to individual transactions, transfer funds for payment, and ensure the delivery of the goods or services being acquired. Public concern about the potential for abuse of such information by online merchants gave rise to the development of so-called "privacy policies" that provide a measure of reassurance that information collected will be protected from unauthorized use and disclosure.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Wiley Rein LLP, Bankruptcy, Debtor, Consumer protection, Personally identifiable information, Consideration, Consumer privacy, Social Security number, Federal Trade Commission (USA), US Congress, US Code, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    FTC hosts workshop on consumer protection and the debt settlement industry: participants urge more industry regulation and transparency; calls for elimination of high upfront fees; industry responds
    2008-09-30

    On September 25, 2008 in Washington, D.C., the Federal Trade Commission (“FTC”) held an all-day workshop, entitled “Consumer Protection and the Debt Settlement Industry,” to explore growth in the for-profit debt settlement industry and to examine its impact on consumers and businesses.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Venable LLP, Credit (finance), Consumer protection, Advertising, Marketing, Debt, Debt relief, Credit score, Federal Trade Commission (USA), American Bankers Association, Code of Federal Regulations
    Location:
    USA
    Firm:
    Venable LLP
    EOUST issues debtor education notice of proposed rulemaking
    2008-11-15

    On Friday, November 14, 2008, the Executive Office for United States Trustees ("EOUST") issued for public comment a notice of proposed rulemaking setting forth procedures and criteria U.S. Trustees will use when considering applicants seeking to become approved providers of a personal financial management instructional course (the "Proposed Rule"). Comments are due by January 13, 2009.

    Summary of Key Aspects of the Proposed Rule

    Filed under:
    USA, Insolvency & Restructuring, Venable LLP, Bankruptcy, Debtor, Consumer protection, Waiver, Marketing, Federal Register, Debt, Education, Internal Revenue Service (USA), Federal Trade Commission (USA), US Code, Trustee
    Location:
    USA
    Firm:
    Venable LLP
    Gift cards (the gift that may stop giving)
    2008-11-30

    Attention holiday shoppers. Not sure what to buy Aunt Matilda or cousin George? A gift card allows them to buy whatever they like? Maybe. Large retailers such as Sharper Image, Bombay Company and Linens ‘N Things have filed for bankruptcy or gone out of business, leaving behind millions of dollars in unused gift cards. In bankruptcy, money left on a gift card is treated as a debt, which the bankruptcy court can decide if it is to be repaid, and how. If the retailer stays in business, the court may allow it to continue to honor its cards, but even then consumers may not get the full value.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Reed Smith LLP, Bankruptcy, Retail, Unsecured debt, Debt, General counsel, Depository institution, Federal Trade Commission (USA), Federal Deposit Insurance Corporation (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    Will the debt relief vertical survive?
    2009-11-12

    On November 4, 2009, the Federal Trade Commission (the “FTC” or “Commission”) held a public forum to discuss proposed amendments to the Commission's Telemarketing Sales Rule (“TSR”) to address the sale of debt relief services. The proposed rules would reshape the availability of alternatives to bankruptcy and services to counter the efforts of debt collectors.

    Filed under:
    USA, Insolvency & Restructuring, Venable LLP, Tax exemption, Waiver, Telemarketing, Advertising, Marketing, Government agency, Debt, Debt relief, Federal Trade Commission (USA), Federal Trade Commission Act 1914 (USA), Internal Revenue Code (USA)
    Authors:
    Jonathan L. Pompan
    Location:
    USA
    Firm:
    Venable LLP
    Don't forget the consumer privacy ombudsman in bankruptcy proceedings
    2009-11-20

    The dispute over the disposition of customer records held by the "Clear" airport traveler program casts a spotlight once again on the handling of consumer personal data when a business falls on hard times. In such circumstances, the desire of the debtor to preserve or maximize the value of its business assets can conflict with legitimate privacy interests of individuals who were customers of the business.

    Filed under:
    USA, New York, Insolvency & Restructuring, IT & Data Protection, Litigation, Wiley Rein LLP, Bankruptcy, Shareholder, Information privacy, Retail, Debtor, Consumer protection, Class action, Personally identifiable information, Preliminary injunction, State attorney general, Consumer privacy, Social Security number, Federal Trade Commission (USA), US Congress, Title 11 of the US Code, US District Court for the Southern District of New York
    Authors:
    William B. Baker
    Location:
    USA
    Firm:
    Wiley Rein LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 2
    • Page 3
    • Page 4
    • Page 5
    • Page 6
    • Current page 7
    • Page 8
    • Page 9
    • Page 10
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days