Abstract
Of the myriad business challenges in today's marketplace, the prospect of costly and distracting litigation, including class action lawsuits, is a ubiquitous concern of corporate executives and in-house counsel acro~s the country. Recently, a few businesses have been confronted with a new category of litigation, born of the societal phenomenon of identity theft. Described as a "crime of the times" by J. Howard Beales,l the director of the Federal Trade Commission's Bureau of Consumer Protection, identity theft is the latest trend to inspire plaintiffs' attorneys to scour the landscape for potential defendants. This Article describes the impact of identity theft, not only on individuals, but also on companies. We identify existing federal and state law predicates for claims that arise from identity theft, with a particular emphasis on the impact of recent Caiifornia state law on corporations and other business entities that themselves are beset with the criminal acts of identity theft. Additionally, this Article provides suggestions for reducing the risk of liability under federal or state law and through insurance coverage as companies cope with this crime of the times.
Recommended Citation
Mullady Jr., Raymond G.
(2008)
"Identity Theft Litigation: A Roadmap for Defense and Protection,"
Utah Law Review: Vol. 2008:
No.
2, Article 5.
Available at:
https://dc.law.utah.edu/ulr/vol2008/iss2/5