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- Title
COMING TO A RETAILER NEAR YOU: CONSUMER PRIVACY PROTECTION IN RETAIL BANKRUPTCIES.
- Authors
SIAM, KAYLA
- Abstract
Consumers' personally identifiable information is an extremely valuable asset for retailers. As a result, retailers often sell such consumer information to pay creditors in bankruptcy. The sale of consumer information causes problems for consumers because many retailers transfer personally identifiable information to third parties without notifying consumers beforehand and without obtaining their consent. Perhaps most troubling, however, is that retailers facing financial turmoil sometimes sell personally identifiable information in direct violation of their own privacy policies, which specifically promise the safeguarding of consumer information. The Federal Trade Commission, State Attorneys General, independent consumer privacy agencies, and some retailers have objected to such transfers, but to no avail. Because of inconsistent consumer privacy enforcement, loose protections of consumer information within the Bankruptcy Code, and an imbalance between the principles of debtor rehabilitation and consumer privacy, courts have permitted retailers to sell personally identifiable information in bankruptcy even when such sales violate retailers' privacy policies. This Comment addresses the shortcomings of current privacy regulations both inside and outside of bankruptcy law. Additionally, this Comment recommends the implementation of minimum federal privacy standards and suggests that the Bankruptcy Code include stronger consumer privacy guidelines. These approaches would allow consumers to have a say in who receives their personally identifiable information while simultaneously preserving both the current privacy regulation infrastructure and a retailer's ability to attain rehabilitation in bankruptcy.
- Subjects
UNITED States; CONSUMER protection; BANKRUPTCY; UNITED States. Federal Trade Commission; PERSONALLY identifiable information; TOYSMART.COM Inc.; ACTIONS &; defenses (Law)
- Publication
Emory Bankruptcy Developments Journal, 2017, Vol 33, Issue 2, p487
- ISSN
0890-7862
- Publication type
Article