Amy L. Pierce

Amy L. Pierce

Pillsbury Winthrop Shaw Pittman LLP

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Starting September 1st, Texas Will Require Cash Redemption of Certain Stored Value Cards

Commencing on September 1, 2015, Texas will join several other states in requiring that certain stored value cards be redeemable for cash. Texas House Bill 2391, which becomes effective September 1, 2015, requires cash...more

7/23/2015 - Consumer Financial Products Financial Institutions New Legislation Prepaid Payment Products Retailers Rewards Programs

Texas Renews Efforts to Require Cash Redemption of Certain Stored Value Cards

Texas renews effort to require that certain stored value cards be redeemable for cash if the balance on the card is less than $2.50. In early March, Texas House Bill 2391 was introduced. It would require a cash refund...more

4/28/2015 - Gift-Cards Pending Legislation Refunds

FTC Issues New Guidance for Mobile App Developers that Collect Location Data

A mobile app that collects users’ location data while the mobile app is not in use should clearly disclose such practices and provide users with choices. Failure to do so could give rise to an FTC claim of deceptive...more

2/27/2015 - FTC Location Data Location Privacy Mobile Apps New Guidance

Colorado Bill Targets Internet Sweepstakes Cafés and Similar Establishments

Colorado House Bill 1047 would make internet sweepstakes cafés illegal under Colorado law. The law declares that internet sweepstakes cafés and similar establishments in which simulated gambling devices are used to award...more

2/23/2015 - Gambling Gaming Internet Internet Gambling Online Gaming Sweepstakes

Stay Tuned: Pennsylvania Bill Would Require Cash Refunds on Certain Gift Cards/Certificates

Pennsylvania may be joining the several states that require that certain gift cards and gift certificates be redeemable for cash. Senate Bill 150 would require that a gift card or gift certificate be redeemable for cash when...more

2/3/2015 - Cash Value Gift-Cards Prepaid Payment Products Unfair or Deceptive Trade Practices

NH House Introduces Bill to Exempt Certain Users of VC From The Money Transmitter Licensing Requirements

On January 8, 2015, New Hampshire House Bill 356 was introduced, proposing to exempt persons using private virtual currencies for internet commerce from the licensing requirements for money transmitters. H.B. 356 would define...more

2/2/2015 - E-Commerce Licensing Rules Money Transmitter Pending Legislation Virtual Currency

Stop Calling Me: Can Consumers Waive The Right to Revoke Consent under the TCPA

The Telephone Consumer Protection Act permits companies to make telephone solicitations using autodialers and pre-recorded messages once they have a consumer’s consent to do so. Many authorities have suggested that such...more

1/16/2015 - Prior Express Consent Revocation Robocalling TCPA Waivers

Stop Calling Me: Can Consumers Waive The Right to Revoke Consent under the TCPA?

The Telephone Consumer Protection Act permits companies to make telephone solicitations using autodialers and pre-recorded messages once they have a consumer’s consent to do so. Many authorities have suggested that such...more

1/15/2015 - Prior Express Consent Revocation Robocalling TCPA Waivers

New Canadian Anti-Spam Rules to Take Effect July 1, 2014

Businesses that use “commercial electronic messages” to market to customers and prospective customers in Canada should be aware of Canada’s new anti-spam rules, which require, among other things, the sender to obtain consent...more

5/14/2014 - Advertising Anti-Spam Legislation Canada CASL Consent Email Marketing Text Messages

Stay Tuned: Connecticut Bill Would Require Cash Refunds of Gift Card Balances

Connecticut may join a number of states that currently require merchants to provide the remaining balances on gift cards to consumers in cash upon request....more

3/17/2014 - Gift-Cards Refunds

Ever Lost -- or Worse Yet, Had Stolen -- a Smart Phone, Laptop, Tablet, Etc.?

Many of us have been focused on cyber-security, especially in the wake of the recent data breaches over the holidays, among other things. Two Maryland Law Enforcement Officers are leveraging the power of social media and the...more

2/27/2014 - Cybersecurity Data Breach Data Protection Mobile Devices Theft

Virtual Currency - Acronyms Abbreviations and Key Definitions

Although many of you are obviously fascinated by the fast-paced virtual currency industry, trying to read a news article or blog can sometimes be incredibly difficult due to the sheer number of acronyms and terms of art...more

2/3/2014 - Bitcoins Virtual Currency

Sacramento Kings Announce They Will Be The First Pro Sports Franchise To Accept Bitcoin

On January 16, 2014, The Sacramento Bee in its article Kings will be first pro sports franchise to accept online currency Bitcoins announced that by March 1, 2014, Sacramento Kings fans "will be able to purchase team...more

1/20/2014 - Bitcoins Mobile Apps Spectator Sports Virtual Currency

Scammers Continue to Target Customers

There have been numerous reports that West Virginia Attorney General Patrick Morrisey issued a warning to consumers on Monday, January 13, 204, about a Target gift card scam occurring throughout the country on social media...more

1/16/2014 - Credit Cards Cybersecurity Data Breach Data Protection Gift-Cards Hackers Scams Target

CFPB's Arbitration Study—A Warning to Consumer Financial Service Companies

On December 12, 2013, the Consumer Financial Protection Bureau published its “Arbitration Study Preliminary Results,” mandated by Section 1028(a) of the Dodd-Frank Act (the “Study”). Unfortunately (and despite its statements...more

1/10/2014 - Administrative Procedure Act Arbitration Banking Sector CFPB Consumer Financial Products Credit Cards Dispute Resolution Dodd-Frank FAA Financial Markets Financial Regulatory Reform

Social Media Is The Hot Recruitment Tool

The Sacramento Bee in an article titled Job Front: Social media are growing recruitment tools reported that "[e]mployers in greater numbers are relying on social media to recruit new talent," according to Jobvite's 2013...more

12/26/2013 - Hiring & Firing

Money Transmitter Licensing Laws Strike Exemption for Certain Agents

Connecticut is another state to join in a recent trend to amend the state's money transmitter law to remove an explicit exemption from licensure previously afforded to agents of entities exempt from license under the state's...more

10/17/2013 - Exemptions Licenses Money Transfer

California Internet Privacy Bill Signed by Governor, Effective Jan. 1

On Friday, September 27, 2013, California Governor Edmund G. Brown signed Assembly Bill 370, a bill that amends the Business & Professions Code § 22575 to require an operator of a commercial Internet website or online service...more

10/3/2013 - Data Collection Disclosure Requirements Do Not Track Personally Identifiable Information Privacy Policy

Supreme Court: Class Action Waiver Trumps Federal Statutory Right

Continuing its string of recent pro-arbitration decisions, the U.S. Supreme Court handed down a decision enforcing class action waivers in arbitration agreements, even where the plaintiff’s cost of proceeding on an individual...more

7/2/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

California Moves One Step Closer to Passing Privacy Bill Requiring a Search Warrant for Providers' Customers' Emails

In a 33-1 vote, on May 13, the state Senate approved Senator Mark Leno's bill that would require state law enforcement officials to obtain a search warrant before asking service providers to disclose the contents of their...more

5/17/2013 - Email Fourth Amendment Proposed Legislation Search & Seizure Search Warrant

Financial Crimes Enforcement Network Issues Guidance on Virtual Currency

FinCEN recently issued interpretive guidance to clarify that it views certain activities involving convertible virtual currencies as money transmission services under the Bank Secrecy Act and FinCEN regulations. If your...more

5/16/2013 - Bank Secrecy Act Broker-Dealer FinCEN Money Services Business Virtual Currency

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”)...more

4/25/2013 - Arbitration Arbitration Agreements Class Action Federal Arbitration Act Injunctions Preemption Student Loans Unfair Competition

High Court Agrees Class Rep’s Stipulation Doesn’t Bar Federal Jurisdiction

The U.S. Supreme Court, in Standard Fire Insurance Co. v. Knowles, resolved the debate between the plaintiffs’ bar and defense bar regarding whether a class representative’s stipulation that damages would not exceed $5...more

4/1/2013 - Amount in Controversy CAFA Class Action Class Certification Damages Jurisdiction SCOTUS

New Law Eliminates ATM Fee Decal Requirement On or At ATM Equipment

On December 20, 2012, President Obama signed into law H.R. 4367, eliminating the requirement that ATM operators post notice of a service fee on or at their ATM equipment, while retaining the requirement that a notice be...more

1/16/2013 - ATMs Fee Disclosure

The Gift that Never Stops Giving: Proposed Changes to Federal Gift Card Law

Senator Richard Blumenthal (D-CT) recently introduced S. 3636, the Gift Card Consumer Protection Act of 2012, which would ban expiration dates and specified fees for inactivity or services on gift certificates, store gift...more

12/6/2012 - Gift-Cards

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