Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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New Guidance Issued on FCRA Compliance in Employee Screening

The Federal Trade Commission (FTC) has issued new guidance to help background screening companies comply with the Fair Credit Reporting Act (FCRA) when conducting background checks on current or prospective employees. The new...more

5/16/2016 - Background Checks Corporate Counsel Credit Reports Employer Liability Issues FCRA FTC Hiring & Firing Job Applicants New Guidance Screening Procedures

FTC Highlights FDCPA Risks for Debt Collectors Using Social Media, Texts

The Federal Trade Commission (FTC) recently published a reminder to debt collectors of the Fair Debt Collection Practices Act (FDCPA) compliance risks that are created by the use of social media or text messages in connection...more

4/1/2016 - Advanced Notice of Proposed Rulemaking (ANPRM) Cell Phones CFPB Corporate Counsel Debt Collection Debt Collectors Facebook FDCPA FTC Popular Risk Management Social Media TCPA Text Messages

FTC Examines Process by which Companies Assess Compliance with PCI DSS

The Federal Trade Commission (FTC) has issued orders to obtain information about the process by which businesses audit their compliance with the Payment Card Industry Data Security Standards (PCI DSS) and the role of such...more

3/10/2016 - CFPB Credit Cards Data Protection Dwolla FTC Online Payments PCI-DSS Standard Reporting Requirements Retail Market

FTC Gets 3 Million Consumer Complaints in 2015

The Federal Trade Commission (FTC) received more than 3 million consumer complaints in 2015 with debt collection topping the list, according to its newly released Consumer Sentinel Network Data Book. The annual report, which...more

3/8/2016 - CFPB Consumer Complaint Database Corporate Counsel Debt Collection FTC Identity Theft Sweepstakes Telecommunications

From Safe Harbor to Privacy Shield: New EU-U.S. Agreement for Transatlantic Data Flows

The European Commission (EC) and the U.S. Department of Commerce have reached an agreement to create a framework for transfers of personal data from the European Union to the United States. The framework, named the EU-U.S....more

2/10/2016 - Article 29 Working Party (WP29) CJEU Data Protection Authority EU EU-US Privacy Shield FTC International Data Transfers Personal Data Safe Harbors Schrems v Data Protection Commissioner

University Faces Action for Alleged Deceptive Advertising of Graduates' Employment, Earning Prospects

The Federal Trade Commission (FTC) has filed a complaint in a California federal district court against the operators of DeVry University in which it alleges that DeVry violated the FTC Act by misrepresenting the employment...more

1/29/2016 - Department of Education False Advertising Federal Student Aid FTC FTC Act Higher Education Act Hiring Statistics Misrepresentation Title IV Universities

Use of Big Data May Violate Federal Consumer Protection Laws, FTC Report Warns

A new Federal Trade Commission (FTC) report, "Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues," warns that certain uses of big data consisting of consumer information may implicate various federal...more

1/27/2016 - Analytics Big Data Discrimination ECOA FCRA FTC Popular

FTC Announces ''Operation Collection Protection'' Developments

The Federal Trade Commission (FTC) has announced new developments in ''Operation Collection Protection,'' its new coordinated federal-state enforcement initiative targeting unlawful debt collection practices. The U.S....more

1/16/2016 - Attorney Generals CFPB Debt Collection DOJ Enforcement Actions FDCPA FTC FTCA

FTC Proposes Survey of Consumer Experience in Financing Auto Purchases through Dealers

The Federal Trade Commission has announced plans to conduct a survey of consumers regarding their experiences in buying and financing automobiles at dealerships. According to the supplementary information in the notice...more

1/6/2016 - Automotive Loans Car Dealerships CFPB ECOA FTC Surveys Truth in Lending Act (TILA)

FTC Provides Guidance to Businesses Engaged in Native Advertising

The Federal Trade Commission (FTC) recently issued an enforcement policy statement on deceptively formatted advertisements, which explains how it applies established consumer protection principles to different advertising...more

1/5/2016 - Disclosure False Advertising FTC Internet Marketing Native Advertising New Guidance Unfair or Deceptive Trade Practices

Company Prevails in Challenge to FTC Data Security Complaint

A recent decision by the Federal Trade Commission (FTC) Chief Administrative Law Judge (ALJ) dismissed the FTC’s complaint against LabMD, Inc. (LabMD) asserting the company’s alleged failure to protect consumer data in two...more

12/1/2015 - ALJ Data Protection FTC LabMD Personally Identifiable Information Popular

FTC Finalizes Rule Banning Telemarketer Use of Remotely Created Payments

The Federal Trade Commission (FTC) has finalized changes to its telemarketing sales rule (TSR) that will prohibit sellers and telemarketers from creating or accepting remotely created payment orders or checks, cash-to-cash...more

11/23/2015 - Consumer Fraud FTC Popular RCPOs Telemarketing Sales Rule Unfair or Deceptive Trade Practices

Envelope’s Display of Internal Tracking Number Does Not Violate FDCPA, New York Federal Court Rules

A federal district court in New York has ruled that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) by sending a collection letter in an envelope that allegedly revealed an internal tracking...more

11/19/2015 - Corporate Counsel Debt Collection FDCPA FTC Motion for Judgment

European Court of Justice May Invalidate Safe Harbor Framework

In a landmark decision that threatens to undo the process by which American companies handle personal data flowing from the European Union, the Advocate General (AG) of the European Court of Justice (ECJ) issued an advisory...more

10/1/2015 - Advocate General Better Business Bureau Cybersecurity Data Protection Data Security Data Transfers Edward Snowden EU Data Protection Laws European Court of Justice (ECJ) Facebook FTC NSA Personal Data PRISM Program Safe Harbors U.S. Commerce Department US-EU Safe Harbor Framework

FTC Announces Settlement with Auto Loan Servicer for Alleged Violations of FCRA Furnisher Rule

The Federal Trade Commission (FTC) recently announced a settlement with a company that services auto loans for alleged violations of the Fair Credit Reporting Act (FCRA) “Furnisher Rule.” The settlement serves as a reminder...more

9/18/2015 - Automotive Loans CFPB Civil Monetary Penalty Consumer Lenders Consumer Reporting Agencies CRA FCRA Financial Institutions FTC FTC Act Unfair or Deceptive Trade Practices

FTC Can Regulate Cybersecurity Practices, Third Circuit Rules

The Federal Trade Commission (FTC) can regulate cybersecurity policies and procedures as “unfair” acts or practices under Section 5 of the FTC Act, the U.S. Court of Appeals for the Third Circuit has ruled in a very important...more

9/1/2015 - Appeals Banking Sector Banks Best Practices COPPA Cyber Attacks Cyber Crimes Cybersecurity Cybersecurity Framework Data Protection Data Security Dodd-Frank FCRA Financial Institutions Fraudulent Charges FTC FTC Act FTC v Wyndham Gramm-Leach-Blilely Act Hackers Jurisdiction Motion to Dismiss NIST Section 5 Unfair or Deceptive Trade Practices Wyndham

Limited Liability Company Can Sue as “Person” Under FDCPA, Sixth Circuit Rules

A limited liability company is a “person” that can file a lawsuit under the Fair Debt Collection Practices Act (FDCPA), the U.S. Court of Appeals for the Sixth Circuit has ruled. In Anarion Investments LLC v. Carrington...more

8/14/2015 - Appeals Civil Liability Debt Collectors FDCPA Financial Institutions Foreclosure FTC Homeowners Limited Liability Companies LLC Mortgage Lenders Mortgage Servicers Mortgages

FTC, Florida AG File Action to Stop Alleged Telemarketing Debt Relief Scam Targeting Seniors

The Federal Trade Commission (FTC) and the Florida Attorney General (AG) have jointly filed a complaint in a Florida federal court against several companies and their individual owners alleging that the defendants engaged in...more

7/3/2015 - Computer Fraud and Abuse Act (CFAA) Consumer Lenders Debt-Relief Industry Elder Abuse Enforcement Actions FDUTPA Financial Abuse Financial Institutions FTC FTCA Nonbank Firms Telemarketing

FTC Follows in CFPB Footsteps with GLBA Privacy Notices

The Federal Trade Commission (FTC) recently proposed amendments to its Gramm-Leach-Bliley Act (GLBA) rules requiring motor vehicle dealers to send their customers an annual privacy notice. The amendments would allow motor...more

6/23/2015 - Automotive Industry Car Dealerships CFPB Disclosure Requirements FTC Gramm-Leach-Blilely Act Notice Requirements Privacy Policy Proposed Amendments Rulemaking Process Websites

FTC Continues To Ban Mandatory Arbitration in Magnuson-Moss Warranty Claims

The Federal Trade Commission (FTC) recently announced its decision to retain a ban on mandatory arbitration provisions in warranty claims made under the Magnuson-Moss Warranty Act (MMWA). The FTC’s decision was announced in...more

6/4/2015 - Arbitration Dispute Resolution FTC Mandatory Arbitration Clauses Warranties

FTC Announces Settlement with Retail Tracking Company

The Federal Trade Commission recently announced a proposed settlement with a retail tracking company to resolve charges that the company’s privacy policy misled consumers about their ability to opt out of the company’s...more

4/29/2015 - FTC Mobile Devices Mobile Privacy Privacy Policy Retailers Settlement Web Tracking

‘Operation Ruse Control’ Announcement Highlights Importance of Auto Finance Compliance

The Federal Trade Commission—and numerous other federal, state, and local law enforcement agencies in the United States and Canada—recently announced that an enforcement initiative dubbed “Operation Ruse Control” has resulted...more

4/1/2015 - Automotive Industry Automotive Loans Car Dealerships Consumer Financial Products Consumer Lenders Enforcement Actions FTC Strategic Enforcement Plan

CFPB and FTC reauthorize memorandum of understanding for an additional three years

Taking its inspiration from Elvis Costello’s song lyrics, “peace, love and understanding” is how the FTC describes its “cooperative relationship” with the CFPB in a blog post about the reauthorization of the Memorandum of...more

3/16/2015 - CFPB Data-Sharing Enforcement FTC

FTC Issues 2014 Complaints Report

The Federal Trade Commission received more than 2.5 million consumer complaints in 2014, according to its newly released Consumer Sentinel Network Data Book. The annual report provides national and state-by-state data on...more

3/13/2015 - Annual Reports CFPB Consumer Complaint System FTC

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