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Elephants and Donkeys, Inc. is a data aggregation service that collects consumer information from many sources and provides it to political groups for direct marketing.  While Elephants and Donkeys, Inc. never provides information such as dates of birth or social security numbers, many of the data streams it aggregates contain that type of information.  Elephants and Donkeys, Inc. does not have a policy in place regarding storage or maintenance of personal information collected. On January 1, 2017, Elephants and Donkeys suffered a major data breach and all of its stored data, including some personal information from residents of every state in the United States, were accessed and copied by hackers. Elephants and Donkeys, Inc. immediately launched an investigation into the nature of the breach, notified law enforcement, and implemented its data breach action plan.  About six months after the breach, Elephants and Donkeys, Inc. sent the following notice to all affected individuals via the United States Postal Service:   Dear Consumer, In January of this year, we suffered a major data breach.  Our investigation revealed that the breach was the result of Chinese State-Sponsored Hackers.  These hackers stole your data, including potentially your date of birth and social security number.  We’re very sorry that they stole the data, but we did literally everything we could to protect your data and prevent a breach.  We recommend that you monitor your credit reports for identity theft for at least the next year.   Sincerely, Stew N. Patatas, Prez., Elephants and Donkeys QUESTION:  Did the timing of Elephants and Donkeys, Inc.’s breach notification letter comply with law?

All of the following are elements of the FTC’s unfairness test EXCEPT

The Payment Card Industry Data Security Standard (PCI/DSS) is what?

State enforcement actions for state notification violations in a data breach are brought by the ____________________. 

After author, Olivia Jones, published a book in the United States about a boy wizard fighting an evil overlord named Lloyd Voldemort, JK Rowling, author of a popular children’s book featuring a boy wizard fighting an evil overlord named Lord Voldemort, filed a patent infringement lawsuit for violating her intellectual property rights to the Harry Potter series.  Is JK Rowling likely to succeed?

Which type of data is most likely to be considered to be “personal information” under data protection laws?

When you selected “A” on the previous question, did we enter into a contract?

Which of the following are essential features of a contract?

After a breach of consumer data, the California Attorney General files an enforcement action against XYZ, Inc., a Delaware corporation, for failure to follow California data breach notification laws.  Which of the following is XYZ, Inc.’s best defense to the enforcement action?