Jonathan L. Pompan

Jonathan L. Pompan

Venable LLP

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Business News Digest – April 2014

In this issue: - Cybersecurity Assessments – Using the Tool Well - A SOX in the Gut: Supreme Court Vastly Expands Workplace "Whistleblower" Law - SEC to Scrutinize Never-Examined Investment...more

4/3/2014 - CFPB Class Action Coca Cola Compliance Contractors Cyber Attacks Cybersecurity Embezzlement FCPA Food Labeling Foreign Investment Fraud Lawson v FMR POM Wonderful Prepaid Payment Products Russia Sanctions Sarbanes-Oxley SCOTUS SEC Student Loans Suspensions & Debarments Ukraine Whistleblower Protection Policies Whistleblowers

Advertising News & Analysis - March 27, 2014

In this issue: - FTC Seeks Comment on Fair Packaging and Labeling Act Rules - Ink Still Drying on Supreme Court's Lexmark Decision - FTC says Weak Disclosures? Special Effects, Too? Nissan's on the Dark...more

3/31/2014 - Advertising False Advertising False Claims Act FTC Lexmark Lexmark v Static Control Components Nissan SCOTUS

Appeals Court Liberally Interprets Credit Repair Statute

Recently the Ninth Circuit Court of Appeals issued its opinion in the appeal of Stout v. FreeScore, LLC concerning the scope of the Credit Repair Organizations Act (“CROA”). The result is not good for advertisers of credit...more

3/20/2014 - CROA Statutory Interpretation

Gainful Employment Rule and Student Loan Debt Counseling: A Perfect Match?

New regulations that will impose severe requirements on for-profit colleges and career training programs may open the door to an increased need for independent third-party student loan debt counseling. On March 14, 2014, the...more

3/20/2014 - Default Gainful Employment Higher Education Act Student Loans

Advertising News & Analysis - March 14, 2014

In this issue: - FTC Settlement Highlights Lead Generation "Warning Signs" - FTC (Finally) Sounds the Alarm on Endorsements - FTC Set to Review TSR…Again - What International Companies Must Know...more

3/14/2014 - Advertising Endorsements FTC Lead Generators Telemarketing

FTC Settlement Highlights Lead Generation "Warning Signs"

A Federal Trade Commission (FTC) settlement with a lead buyer highlights the potential pitfalls with using lists from lead generators without considering how the lists were compiled or the requirements under the Telemarketing...more

3/13/2014 - FTC Lead Generators Telemarketing Telemarketing Sales Rule

On Deck, Telemarketing Sales Rule Regulatory Review

The Federal Trade Commission (“FTC”) recently announced that it intends to begin review of, and solicit comments on the Telemarketing Sales Rule (“TSR”). The opportunity to provide comments will be a significant opportunity...more

3/12/2014 - FTC Telemarketing Telemarketing Sales Rule

Lessons for Marketers from the CFPB Attack on For-Profit Education

We have written recently about the stepped-up scrutiny that the Consumer Financial Protection Bureau (the CFPB) and the Federal Trade Commission (FTC) are placing on for-profit education and related marketing. The opening...more

3/3/2014 - CFPB Colleges Student Loans Universities

Private Sector Schools and Third-Party Student Recruitment under FTC and CFPB Scrutiny

The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) are intensifying their regulatory and enforcement focus on proprietary schools and third-party marketing companies. In the fall of...more

2/6/2014 - CFPB Enforcement FTC Private Schools Recruitment Policies Students

Business News Digest – February 2014

In this issue: - Securities Enforcement and Compliance - Consumer Financial Protection Bureau - Food & Drugs - Government Contracts - Healthcare - Intellectual Property -...more

2/6/2014 - CFPB CMS Compliance DaimlerChrysler DaimlerChrysler v Bauman FDA Federal Contractors Food Safety Food Supply Foreign Corporations Healthcare Jurisdiction Medicare SCOTUS SEC

What to Look for in 2014 – CFPB Regulatory Outlook

What now? That's a question that consumer financial products and services providers, their advertisers and marketers, and related vendors have been eagerly asking about the Consumer Financial Protection Bureau (CFPB). Since...more

1/27/2014 - CFPB Compliance Debt Collection Enforcement Jurisdiction

Advertising News & Analysis - January 9, 2014

In this issue: - Will Consumers, or Plaintiffs, Cheer GMO-Free Cheerios? - "Patent Troll" Reform Bills Moving through Congress - Holiday Discounts: When Pricing Laws Attack - CFPB Examines...more

1/13/2014 - Advertising CFPB Food Labeling GMO Patent Reform Patent Trolls Patents

CFPB 2014 Regulatory Outlook: Nonbanks

In this presentation: •Welcome •A look back at 2013 •Enforcement Actions: - Who’s at risk and what to expect •Nonbank Supervision and Examination: - Lessons learned and which markets are...more

1/9/2014 - Arbitration CFPB Compliance Debt Collection Enforcement Actions Loans Mortgages Nonbank Firms

CFPB Enforcement Uses UDAAP to Put Focus on State Law Compliance

The Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) has put state law compliance front and center in a case filed in federal court against an online payday lender, related companies, and their principal for...more

12/20/2013 - CFPB Civil Monetary Penalty Debt Collection Payday Loans Tribal Governments UDAAP

Money Spent on Marketing Financial Products Beats Financial Education

The Consumer Financial Protection Bureau (“CFPB”) recently released a study of consumer financial services marketing, which found that it can be difficult for consumers to find objective information. The study focuses on the...more

12/11/2013 - CFPB Financial Products Marketing

CFPB Issues Fall 2013 Regulatory Agenda

On December 3, 2013, the Consumer Financial Protection Bureau (“CFPB”) released its semi-annual update to its rulemaking agenda. The fall 2013 agenda covers rulemaking that the CFPB is continuing to work that are mandated by...more

12/11/2013 - CFPB Compliance Disclosure Requirements Dodd-Frank Mortgages Nonbank Firms Payday Loans Privacy Policy

Business News Digest – December 2013

In this issue: - NIST Holds Fifth Workshop on Cybersecurity Framework; Incentives Still Lacking - Advertising Law News & Analysis - November 1, 2013 Edition - November 7, 2013 Edition - November 14,...more

12/6/2013 - Advertising Athletes Bullying CFPB Cybersecurity Cybersecurity Framework E-Commerce Embezzlement FDA Fraud Grants Hazing Internet Investigations NFL NIST Non-Profits Private Funds Procurement Guidelines Retailers SEC

Spotlight on CFPB Procurement Opportunities

For many organizations the Consumer Financial Protection Bureau (CFPB) represents more than just a regulator – rather, it can also serve as a potential customer. Government contracts are big business and procurement...more

11/8/2013 - CFPB Federal Contractors Procurement Guidelines

Advertising News & Analysis - November 1, 2013

In this issue: - Venable Named Advertising Law Firm of the Year…Again - Online Ads and Outdated Agency Agreements Don’t Mix - We Have One Word for You: Plastics - CFPB Opens Door to “Innovative”...more

11/4/2013 - Advertising CFPB Disclosure Environmental Policies FTC Landfills Native Advertising

Continued CFPB Scrutiny of Credit Card Market; Focus Turns to Disclosures

The credit card market continues to be high on the Consumer Financial Protection Bureau's hit list. As noted in prior blog posts, the CFPB is focused intently on advertising and marketing of financial products and services. ...more

10/15/2013 - Advertising CFPB Credit Cards Disclosure Requirements

CFPB Enforcement Attorneys Cross Trained on Exam Techniques

The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) recently announced it was ending a controversial practice of sending enforcement attorneys on supervisory exams, over a year after it was asked to stop by groups...more

10/11/2013 - Banking Examinations CFPB Enforcement Training

CFPB Compliance Myths That Deserve Debunking

When it comes to the Consumer Financial Protection Bureau’s ("CFPB" or the "Bureau") compliance expectations, it is important to separate myth from fact. These days, the CFPB is moving full-steam ahead on examining non-banks...more

10/2/2013 - Banks CFPA CFPB Compliance Enforcement Nonbank Firms Unfair or Deceptive Trade Practices

Business News Digest – August 2013

In this issue: - SEC Allows Public Advertising of Private Securities Offerings - What Your Nonprofit Needs to Do about HIPAA – Now - The 2013 Draft MDE General Permit for Stormwater Associated with...more

8/8/2013 - Advertising CFPB Colleges Compliance Construction Site HIPAA Iran IRS JOBS Act New Regulations Non-Profits Nonbank Firms Private Placements Proposed Regulation Rule 506 Offerings SEC Storm Water Universities

Advertising News & Analysis - August 1, 2013

In this issue: - Sorry, Charlie: Taylor Swift Contest Makes Case for Solid Promotion Rules - The Devil is in the Details for Number 1 Claims - Can Website Disclaimers Stop Declaratory Judgment...more

8/5/2013 - CFPB Contests & Promotions Declaratory Judgments Disclaimers Nonbank Firms Proposed Regulation

CFPB Unveils Regulatory Priorities: More Nonbank Supervision and Substantive Rulemakings Expected

On July 3, 2013, the Consumer Financial Protection Bureau (“CFPB”) unveiled its semi-annual update of its rulemaking agenda that highlights recent milestones reached and sets out its priorities and plans for the months...more

7/15/2013 - CFPB Compliance Debt Collection Financial Products Larger Participant Nonbank Firms Proposed Regulation

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