April Walker

April Walker

Carlton Fields

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Banks to Broaden Reporting of Suspicious Cyber Activity; Regulators Propose “Enhanced” Cybersecurity Standards

The fourth quarter of 2016 has seen an uptick in regulatory activity respecting the financial services sector in the cybersecurity space, both at the state level as previously discussed (here) and on the federal level....more

11/23/2016 - Advanced Notice of Proposed Rulemaking (ANPRM) Banking Sector Banks Covered Entities Cybersecurity Data Protection FDIC Federal Reserve Financial Institutions FinCEN OCC Reporting Requirements Risk Management Suspicious Activity Reports (SARs) Third-Party Service Provider

Financial Institutions Spend More on Cybersecurity

Financial institutions have been at the forefront of protecting their customers’ personal information, including names, addresses, phone numbers, account numbers, Social Security numbers, income, and credit histories. The...more

5/5/2016 - Banking Sector Cyber Crimes Cybersecurity Data Protection Financial Institutions Gramm-Leach-Blilely Act Hackers

The CFPB Takes First Enforcement Action Related to Data Security Practices

The Consumer Financial Protection Bureau (CFPB ) has taken its first UDAAP action against a consumer financial service provider related to data security practices. Since its launch in December 2009, Dwolla, Inc. ("Dwolla"),...more

4/29/2016 - CFPB Data Security Dwolla Enforcement Actions Financial Services Industry Misrepresentation Online Payments PCI Personally Identifiable Information UDAAP Websites

CFPB Enters First Enforcement Order Related to Data Security

On March 2, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) brought its first enforcement order related to data security. The order, against online payment platform service provider Dwolla, Inc. (Dwolla),...more

3/4/2016 - CFPB Data Security Enforcement Actions Personally Identifiable Information UDAAP

Florida State Court Holds Pizzerias Liable Under TCPA for Third-Party Fax Blasts

Based on the Eleventh Circuit's 2015 decision in Sarris v. Palm Beach Golf Ctr. Boca, Inc, a Florida state appellate court has held that using a third-party company to send unauthorized fax ads will not protect the company...more

12/21/2015 - FCC TCPA Telemarketing Third-Party Relationships Unsolicited Faxes

Telecommunications Giant Hit With TCPA Treble Damages Award For Calls to Reassigned Cell Number

The Telephone Consumer Protection Act (TCPA) prohibits non-emergency calls to cell phone numbers using automatic telephone dialing systems (ATDS) or prerecorded voice messages absent the called party’s prior express consent....more

10/7/2015 - ATDS Cable Operators Cable Television Providers Cell Phones Consumer Service Agreements Debt Collection Popular Prior Express Consent Reassigned Phone Numbers Robocalling Smartphones Sprint TCPA Telecommunications Time Warner Cable Treble Damages Willful Violations

Repeated Fax Blasts Cost Company $22 Million Judgment

The Telephone Consumer Protection Act of 1991 (TCPA), 42 U.S.C. § 227(b)(1)(C), prohibits the fax transmission of unsolicited advertisements without the prior express permission of the recipient, absent an established...more

6/24/2015 - Privacy Laws Robocalling Summary Judgment TCPA Unsolicited Faxes

Eleventh Circuit: Enforcement of a Security Interest Is Not Debt Collection

The Eleventh Circuit Court of Appeals recently reaffirmed that enforcement of a security interest alone is not debt collection regulated by the Fair Debt Collection Practices Act (FDCPA). In Dunavant v. Sirote & Permutt,...more

6/24/2015 - Debt Collection FDCPA Financial Institutions Foreclosure Mortgage Lenders

Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...more

1/16/2015 - Automotive Loans CFTC Class Action Consumer Complaint System Data Breach Divorce Driverless Cars FCC Healthcare HIPAA Insurance Industry Life Insurance Money Market Funds Mortgages NAIC Private Equity Funds STOLI Unsolicited Faxes

An Unlikely Condition Precedent to Foreclosure in Florida

Mortgage servicers beware. Mortgagors in Florida are defending residential mortgage foreclosures based on the allegation that the servicer failed to give them notice of assignment of the right to bill and collect on the debt...more

1/16/2015 - Condition Precedent Debt Collection FDCPA Foreclosure Lenders Mortgage Lenders Mortgage Servicers Mortgages Perfected Security Interest Promissory Notes

Courts Continue To Wrestle With TCPA Consent

The Telephone Consumer Protection Act (TCPA) prohibits non-emergency calls to cell phones using automatic telephone dialing systems or prerecorded voice messages absent the called party’s prior express consent. Text messages...more

5/8/2014 - Cell Phones Mobile Devices Prior Express Consent TCPA Text Messages

Expect Focus - Volume 1, Winter 2014

In This Issue: - IN THE SPOTLIGHT ..Sixth Circuit Revisits Controversial ERISA Decision - LIFE INSURANCE ..Summary Judgment Victory for Life Insurer in Annuity Class Action ..Favorable Secondary Life Market...more


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