Daniel McKenna

Daniel McKenna

Ballard Spahr LLP

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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

FCC Approves TCPA Clarifications that Increase Potential for Liability

The Federal Communications Commission, in a divided vote, approved an order clarifying several long-simmering Telephone Consumer Protection Act (TCPA) issues. While the order has not been officially released, the...more

6/22/2015 - ATDS FCC Prior Express Consent Robocalling TCPA

Pennsylvania Court Rejects Request to Create Common Law Duty to Protect Sensitive Personal and Financial Information

A Pennsylvania judge has dismissed a class action arising out of the breach of confidential employee information, adding to a growing body of state courts that have found that negligence claims alleging failure to provide...more

6/5/2015 - Class Action Data Breach Dismissals Negligence Personally Identifiable Information

FCC Chairman Releases Proposed TCPA Declaratory Rulings

Federal Communications Commission (FCC) Chairman Tom Wheeler has issued a fact sheet describing his proposed declaratory rulings on various issues involving the FCC’s interpretation of the Telephone Consumer Protection Act...more

6/3/2015 - FCC TCPA

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

New York Agency’s Report Focuses on Data Vulnerability of Banks’ Third-Party Vendors

The New York State Department of Financial Services (NYDFS) recently issued a report identifying common cybersecurity issues and concerns caused by the failure of some banks to sufficiently manage vulnerabilities posed by...more

4/14/2015 - Banks Cybersecurity Information Reports NYDFS Third-Party Service Provider

Plaintiff Must Show Defendant’s Knowledge of TCPA Violation To Get Treble Damages, 11th Circuit Rules

The U.S. Court of Appeals for the 11th Circuit has ruled that a plaintiff must show that the defendant knew its conduct violated the Telephone Consumer Protection Act (TCPA) to establish a willful or knowing TCPA violation....more

4/7/2015 - Appeals Popular TCPA Treble Damages Willful Violations

Federal Financial Regulators Offer Advice To Address Malware, Compromised Credentials

In its recent press release, the Federal Financial Institutions Examination Council (FFIEC) issued two statements reiterating financial institutions' obligations to have measures in place to prevent and mitigate cybersecurity...more

4/2/2015 - Cybersecurity FFIEC Financial Institutions Risk Management

FCC Seeks Comments on Easing TCPA Requirements for Educational Organizations

In a recent announcement, the Federal Communications Commission (FCC) asked for public comments on a petition to relax some of the Telephone Consumer Protection Act's (TCPA’s) requirements for educational organizations. If...more

3/30/2015 - Educational Institutions Exemptions FCC Prior Express Consent Robocalling TCPA

President Obama Proposes Consumer Privacy Bill of Rights

President Obama has finally revealed the text of draft legislation that would establish “baseline protections” for consumers under a proposed Consumer Privacy Bill of Rights. The bill would impose new legal requirements on...more

3/9/2015 - Barack Obama Consumer Privacy Bill of Rights Discussion Draft Proposed Legislation

FTC Announces Settlement of First Actions against Auto Title Lenders

The Federal Trade Commission recently announced that it has entered into proposed settlements with two auto title lenders that were charged with deceptive advertising in violation of Section 5 of the FTC Act and the Truth in...more

2/5/2015 - Advertising Automotive Industry Automotive Loans Civil Monetary Penalty Enforcement Actions False Advertising FTC Regulation Z Settlement TILA

Internet of Things: Federal Agencies Offer Privacy and Data Security Best Practices

The recently released Federal Trade Commission staff report, Internet of Things: Privacy & Security in a Connected World, provides companies with insight into the FTC's consumer privacy and data security expectations for the...more

1/30/2015 - Best Practices Cybersecurity Data Protection FTC Internet Internet of Things Popular

NY Attorney General To Propose Bill To Strengthen Cybersecurity

New York Attorney General Eric Schneiderman is proposing an "overhaul [of] New York's data security law [that would] require new and unprecedented safeguards for the personal data of consumers." The proposal would create new...more

1/28/2015 - Attorney Generals Breach Notification Rule Cybersecurity Data Protection Personally Identifiable Information Proposed Legislation

President Obama’s 2015 Priorities Include Cybersecurity

During his recent State of the Union address, President Obama called on Congress “to finally pass the legislation we need to better meet the evolving threat of cyber attacks, combat identity theft, and protect our children’s...more

1/26/2015 - Barack Obama CFAA Consumer Privacy Bill of Rights Cyber Attacks Cybersecurity Federal Breach Notification Standard Information Sharing Legislative Agendas Student Digital Privacy Act

Phishing Attacks Target University Employee Payroll Information

In a recent advisory, the Research and Education Networking Information Sharing and Analysis Center (REN-ISAC) warned higher education institutions about sophisticated phishing attacks that target faculty and staff...more

11/17/2014 - Cybersecurity Payroll Records Phishing Scams Popular Universities

FCC Accepting Comments on ABA Petition To Exempt Fraud Notifications from TCPA Requirements

The Federal Communications Commission (FCC) recently issued a Public Notice requesting comments on a petition by the American Bankers Association (ABA) to exempt time-sensitive informational calls to mobile devices from the...more

11/13/2014 - American Bankers Association FCC Fraud Mobile Devices Notice Requirements Prior Express Consent Public Comment TCPA

FCC Gives Entities Six Months To Comply with Order Requiring Opt-Out Notices for Faxed Ads Sent with Prior Consent under TCPA

The Federal Communications Commission (FCC) recently issued an order finally clarifying that opt-out notices are required in solicited facsimile advertisements. In doing so, the FCC recognized the confusion caused by its...more

11/4/2014 - Advertising Faxes FCC Opt-Outs Prior Express Consent Written Notice

District Court Issues Crucial Ruling on Pennsylvania's Recording Statute

The U.S. District Court for the Eastern District of Pennsylvania has held that the failure to create and record written instruments evidencing assignments of mortgages and transfers of promissory notes secured by mortgages on...more

9/29/2014 - Assignments Loan Transfers Mortgages Promissory Notes Recording Requirements

Massive Hacking Operation Further Reveals Weakness of Passwords

A small private cybersecurity firm recently revealed that a Russian computer hacking organization amassed more than 1.2 billion username and password combinations. The data was collected across a wide swath of websites, from...more

8/12/2014 - Cybersecurity Data Protection Hackers Passwords Popular Russia

Natural Gas Boom Fuels Requests for Partial Releases from Mortgage Liens

Residential lenders and servicers are continuing to see a larger impact from the natural gas boom, and it is not just from properties hosting drilling operations. More lenders are seeing increasing numbers of borrowers...more

10/28/2013 - Liens Mineral Rights Mortgages Natural Gas Release Agreements Subsurface Estates

CFPB elaborates on stepped-up FCRA enforcement activity

Yesterday we blogged about CFPB Bulletin 2013-09, which examined the CFPB’s expectations of furnishers investigating disputes under the federal Fair Credit Reporting Act (FCRA)....more

9/6/2013 - CFPB Enforcement FACT Act FCRA Investigations

The CFPB maintains that it is not making law through its amicus program

That was the message delivered by CFPB Assistant Director, To-Quyen Truong, at a program entitled “The CFPB’s Amicus Program and Trends in Consumer Litigation” sponsored by the Committee on Consumer Financial Services of the...more

8/19/2013 - CFPB Litigation Strategies Transparency

Director Cordray speaks at Philadelphia Residential Mortgage Diversion Program anniversary celebration

CFPB Director Richard Cordray was among the speakers at a program last week celebrating the fifth anniversary of the Philadelphia Residential Mortgage Diversion Program....more

6/18/2013 - Asset Diversification CFPB Cordray Mortgages

Statute of Frauds Bars Claims Seeking To Set Aside Foreclosure Sale Based On Oral Promises Related To Loan Modifications

The Fourth Circuit, in an unpublished opinion, recently held that an oral statement that borrowers should disregard notices of foreclosure sale while being considered for a loan modification is insufficient to set aside a...more

6/14/2013 - Foreclosure Loan Modifications Mortgages Statute of Frauds

The CFPB and privilege: the fight isn’t over

We blogged recently about H.R. 4014, which President Obama signed into law near the end of 2012....more

1/11/2013 - Attorney-Client Privilege CFPB Document Productions

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