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High-profile data breaches are back in the headlines as businesses—including many in the communications sector—fall prey to a growing number of cyberattacks. So far this year, 251 public notifications of data breaches have been reported according to the Privacy Rights Clearinghouse. The latest attack comes on the heels of the Obama administration’s recent proposal to replace conflicting state laws with a uniform standard. The idea is not a new one—national breach notification legislation has been in discussion on Capitol Hill since 2007. With the addition of the White House proposal, three data breach notification bills are now under consideration. But rather than waiting for passage of a new law, communications companies and businesses in general should be aware of the issues and take steps to prepare. Replacing 48 laws with one Currently, notification standards differ on a state-by-state basis: 46 states, plus the District of Columbia and Puerto Rico each enforce their own standards. The many varying laws make compliance confusing and expensive. While getting to a single standard sounds like a good idea, finding a single solution becomes difficult when there are 48 different laws to reconcile. The challenge is to craft a uniform national law that preempts state laws, while providing adequate consumer protection. Five things to look for in a National Breach Notification Law Passing a single law will be an uphill battle. In the meantime, these are some of the issues that will need to be resolved before a national breach standard can be enacted: What types of personal information should be protected? First and last name + other info (e.g. bank account number) What should be classified as “personal” information? Email addresses and user names Health and medical information (California now includes this) What qualifies as a breach and what are the triggers for notification? What information should be included in a breach notice? How soon after a breach should notification be sent? Some states require notices be sent within a set number of days, others ASAP. Potential penalties What could happen if a company doesn’t comply with the proposed laws? Under the White House bill, fines would be limited to $1,000/day, with a $1 million cap. The two bills in House would impose penalties of $11,000/day, maxing out at $5 million. How to prepare before a national standard is passed Although the timing for passage is uncertain, communications companies need not wait for a national law to pass before taking action. Put a plan in place instead of sorting through 48 different laws. Preparation can be as simple as making a phone call to your Experian rep about our data breach protection services. Having managed over 2,300 data breach events, Experian can help you effectively mitigate loss. In addition to following updates on this page, you can also stay informed about the progress of pending data breach legislation by following the Data Breach Blog. Share your thoughts and concerns on the current proposals by leaving a comment. For further reading on this subject: Experian Data Breach Blog State Security Breach Notification Laws Obama Administration Proposal: Law Enforcement Provisions Related to Computer Security (pdf of the full bill) Obama national breach notification proposal: Good news, bad news for firms 2011 Data Breach Investigations Report (PDF)

This week, American Express unveiled a new payments offering that will surely compete with not just other prepaid options, but will impact debit and credit sales volume as well. The prepaid card offered by American Express carries no fee for activation, reloading or lost card replacement. The card also offers consumers the option of drawing cash at an ATM. Since the consumer funds all transactions, default risk goes away, exponentially opening up the market potential. The question becomes, how will this impact other plastic and mobile payment sales today and down the road? Back in the year 2000, credit cards dominated purchase volume generating 77% of all merchant sales on general purpose cards, versus 23% on debit. Last year, debit and prepaid purchases captured close to half of all general purpose card spend with credit sales capturing ~53%, debit 44% and the remaining volume coming from prepaid cards. With all of the regulatory changes impacting bank revenue and cost positions, financial institutions are having to rethink existing practices eliminating rewards programs tied to debit charge volume and resurrecting monthly checking account fees in large scale. It's not a question of bank gouging, rather how do financial service providers offset lost interchange income of $0.40+ per transaction down to $0.12 to $0.20 as is being mandated with the quickly approaching implementation of the Durbin Amendment on July 21st. Add to that reduced fee income from Dodd-Frank and institutions have to figure out how to still be able to afford to offer these services to their customers. Who will the winners and losers be?Let's start with the Merchant perspective. With companies now actively promoting services to help merchants calculate which payment vehicles generate the lowest costs without impacting sales volumes, we very well may start to see more of the "Costco" business model where only certain pay-types are accepted at different merchants. My predictions are that first, merchants will continue to send a message loud and clear that they perceive the cost of interchange to be too high. Smaller institutions, presumably protected from interchange caps, will be forced to reduce rates anyway to sustain merchant acceptance unless existing federal law requirements remain unchanged, precluding retailers from following the laws of capitalism. One certainty is that we will see continued development of alternatives similar to Wal-Mart and Starbucks payment options.Credit and Debit sales will be impacted although they will continue to be valued highly by specific segments. The affluent will continue to expect rewards and other benefits deeming credit cards highly relevant and meaningful. Additionally, small business owners will need the payment float utility to fund services they typically don't get paid for up front. At the same time, many consumers will continue to deleverage and sustain favoritism to debit over credit. Prepaid and emerging Mobile Payments technology will continue to attract younger consumers as well as the early adapters that want to leverage the newest and coolest products and services. The negatives will take some time to surface. First, how will the CFPB react to prepaid growth and the fact that the product is not subject to interchange caps stipulated under Durbin? Next, how will merchants react and again, will we continue to see retailer specific options dominate merchant acceptance? Lastly, when fraudsters figure out how to penetrate the prepaid and mobile space, will consumers swarm back to credit before advanced fraud prediction models can be deployed since consumers bear the brunt of the liability in the world of prepaid?

For communications companies, acquiring new accounts is an ongoing challenge. However, it is critical to remember that managing new and existing accounts – and their respective risks – is of tremendous importance. A holistic view of the entire customer lifecycle is something every communications organization can benefit from. The following article was originally posted by Mike Myers on the Experian Business Credit blog. Most of us are pretty familiar with credit reports and scores, but how many of you are aware of the additional tools available to help you manage the entire credit risk lifecycle? I talk to credit managers everyday and as we’re all trying to do more with less, it’s easy to forget that opening accounts is just the first step. Managing risk on these accounts is as critical, if not more so, than opening them. While others may choose to “ship and chase”, you don’t need to. Proactive alert/monitoring services, regular portfolio scoring and segmentation are key components that a successful credit department needs to employ in the constant battle against “bad” accounts. Use these tools to proactively adjust credit terms and limits, both positively and negatively. Inevitably some accounts will go bad, but using collection research tools for skip tracing and targeting services for debt collection will put you first in line for collections. A journey of 1,000 miles begins with a single step; we have tools that can help you with that journey and all can be accessed online.


