Amy Mushahwar

Amy Mushahwar

Ballard Spahr LLP

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FCC Eases Some Standards for TCPA Consent Compliance Regarding Texting

Last week, the Federal Communications Commission (FCC) adopted two declaratory rulings that eased some standards for complying with the Telephone Consumer Protection Act's (TCPA) consent requirements regarding informational...more

4/2/2014 - Consent FCC TCPA Texting

New Internet Top-Level Domains Unveiled

Website domain names as we know them will look dramatically different now that the menu of Internet domain name suffixes is expanding. The Internet Corporation for Assigned Names and Numbers (ICANN) recently released the...more

12/12/2013 - Brand Domain Names gTLD ICANN Registration Trademark Clearinghouse Trademarks

Privacy and Cybersecurity Bank Audits

Federal regulators are concerned about potentially lax cybersecurity by mortgage originators and other entities that present consumer accounts to large banks. Regulatory pressure has led large banks in recent years to conduct...more

12/10/2013 - Audits Banks Compliance Cybersecurity Privacy Laws

FTC Revises Vocational School Guides

The Federal Trade Commission has revised its Guides for Private Vocational and Distance Education Schools, generally referred to as the “Vocational School Guides” (Guides). The Guides are intended to advise businesses that...more

11/14/2013

California Enacts New Website Disclosure Requirements

A new California law taking effect on January 1, 2014, will require any operator of a website or online service that collects personally identifiable information on state residents to include new do-not-track disclosures in...more

10/14/2013 - Disclosure Requirements Do Not Track Jerry Brown Privacy Laws Websites

TCPA Autodialer Limits Apply Only to Phone Systems with ‘Present Capacity,’ Alabama Federal Court Rules

An Alabama federal court recently ruled that the limits imposed by the Telephone Consumer Protection Act (TCPA) on the use of autodialers applied only to phone systems that had the “present capacity” to make autodialed calls...more

10/7/2013 - Robocalling Spam TCPA Telemarketing

New FCC Telemarketing Written Consent Requirement Takes Effect on October 16

Effective October 16, 2013, all sellers and telemarketers will need a consumer's written agreement to make prerecorded telemarketing calls to residential telephone lines or autodialed or prerecorded telemarketing calls to...more

8/21/2013 - Established Business Relationship FCC Robocalling TCPA Telemarketing Written Consent

Seventh Circuit Upholds Privacy Class Action under Federal Law

In a notable decision that may lead to an increase in privacy class actions under federal law, the Seventh Circuit in Harris v. comScore, Inc. upheld the certification of a class action for alleged privacy violations under...more

7/24/2013 - CFAA Class Action Class Certification ECPA Harris v comScore Privacy Laws Right to Privacy Stored Communications Act

Ohio Federal Court Addresses Privacy Rights around Employee Smartphones

A recent Ohio federal court decision serves as a reminder that companies need to review their Bring Your Own Devices (BYOD) policies to ensure that employees are adequately informed about the communications that corporate...more

7/15/2013 - Bring Your Own Device Cell Phones Email Employee Rights Mobile Devices Privacy Policy Right to Privacy Smartphones

The New gTLDs from ICANN Are Coming: Plan, Don't Panic

By now, brand owners are probably aware of the new generic top-level domains (gTLDs) from the Internet Corporation for Assigned Names and Numbers (ICANN). They may have received literature from various sources about recording...more

4/11/2013 - gTLD ICANN Trademark Clearinghouse Trademarks

Mortgage Banking Update - March 21, 2013

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit...more

3/21/2013 - Amount in Controversy CAFA Class Action Data Protection Debt Collection FDCPA Foreclosure FTC HOA Licenses Liens Mobile Payments Mortgages Privity of Contract Res Judicata Robo-Signing SCOTUS Uniform State Test

FTC Issues Report on Mobile Payments

The Staff Report on mobile payments recently issued by the Federal Trade Commission (FTC) focuses on areas of concern discussed at the FTC’s April 2012 workshop. The report does not break much new ground, but it does...more

3/18/2013 - Data Protection FTC Mobile Devices Mobile Payments

President Obama Signs Cybersecurity Executive Order

Last night, President Obama signed a long-anticipated Executive Order, "Improving Critical Infrastructure Cybersecurity," which directs the federal government to share cyberthreat information with the owners of systems that...more

2/14/2013 - Barack Obama CISPA Cybersecurity DHS Executive Orders Information Sharing Infrastructure

Mortgage Banking Update - Febuary 06, 2013

In This Issue: - Settlement of Michigan Lending Discrimination Lawsuit Underscores Regulatory Focus on Equal Access to Credit - Industry Employers Should Prepare Now for Health Care Reform - Title...more

2/6/2013 - Affordable Care Act Agents Canning v NLRB CFPB Community State Bank Discrimination DOJ ECOA Employer Group Health Plans Equal Access to Credit FFIEC Healthcare Insurance Agents Negligence NLRB Pay or Play Race Discrimination Recess Appointments Richard Cordray Social Media Title Examination Title Insurance Underwriting

FTC and California Attorney General Issue Reports on Mobile Privacy

The Federal Trade Commission and the California Attorney General have recently published reports focused on mobile privacy. The FTC’s “Mobile Privacy Disclosures” staff report, released on February 1, 2013, followed the...more

2/5/2013 - App Developers Attorney Generals Data Breach Data Collection Data Protection FTC Kamala Harris Mobile Apps Mobile Devices Mobile Privacy Disclosures Privacy on the Go

FFIEC Asks for Feedback on Social Media Proposed Guidance

The Federal Financial Institutions Examination Council (FFIEC) is seeking feedback on proposed guidance to help financial institutions manage the risks of interacting with consumers through social media....more

1/30/2013 - FFIEC Risk Management Social Media

Mortgage Banking Update - January 10, 2013

In This Issue: - Ohio Enacts the Nation's First Transitional MLO Licensing Law for Out-of-State MLOs - Noted Data Security and Privacy Attorney Amy Mushahwar Joins Ballard Spahr - Information Security...more

1/10/2013 - ADA Data Protection Debt Debt Collectors Investment Firms Mortgage Loan Originators Mortgages

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