Kim Phan

Kim Phan

Ballard Spahr LLP

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Envelope’s Display of Barcode With Embedded Account Number Does Not Violate FDCPA, Court Rules

A federal district court in Florida has ruled that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) by sending a collection letter in an envelope that allegedly revealed a barcode in which the...more

11/10/2016 - Article III Corporate Counsel Debt Collection Debt Collectors FDCPA Financial Sector Financial Services Industry Injury-in-Fact Spokeo v Robins Standing

DC Circuit Hears TCPA Oral Arguments

Oral arguments were recently held before the U.S. Court of Appeals District of Columbia Circuit in a consolidated case, spearheaded by ACA International, challenging the Federal Communications Commission's (FCC) recent order...more

10/27/2016 - Arbitrary and Capricious ATDS Auto-Dialed Calls Cell Phones Declaratory Rulings FCC Financial Sector Reassigned Phone Numbers Robocalling Safe Harbors Smartphones TCPA

Federal Banking Agencies Propose New Requirements for Managing Cyber Risk

Three federal banking agencies have announced plans to develop new rules that would establish cyber risk management and resiliency standards for large interconnected entities under the agencies' supervision, as well as those...more

10/21/2016 - Advanced Notice of Proposed Rulemaking (ANPRM) Cyber Attacks Cybersecurity FDIC Federal Reserve FFIEC Financial Institutions Financial Sector Financial Services Industry Hackers Handbooks Incident Response Plans OCC Risk Management

CFPB Management Challenges Include Information Security

On September 29th, the Office of the Inspector General (OIG) that oversees the CFPB released a memorandum detailing the major management challenges facing the CFPB.  The memo identified four areas of improvement that, unless...more

10/7/2016 - Banking Sector CFPB Cybersecurity Data Protection Data Security Dwolla Hackers Information Security OIG Popular

CFPB to Compile List of Companies Providing Free Credit Scores

On October 5th, the CFPB published a notice announcing the CFPB Office of Financial Education’s intent to compile a list of companies offering existing customers free access to their credit score.  The CFPB’s stated intent in...more

10/6/2016 - Banking Sector CFPB Credit Cards Credit Ratings

N.Y. Moves Ahead with Proposed Cybersecurity Regulations for Financial Institutions

The New York Department of Financial Services (NYDFS) will require all institutions subject to NYDFS supervision to establish and maintain a cybersecurity program meeting "certain regulatory minimum standards." All financial...more

9/20/2016 - Banking Sector CISO Consumer Lenders Cybersecurity Financial Institutions Financial Services Industry Information Technology Mortgages NYDFS Popular Risk Management

FFIEC Provides Concrete Guidance on Setting Up Information Security Programs

The Federal Financial Institutions Examination Council (FFIEC)—the interagency body tasked with setting uniform principals and standards for the examination of financial institutions by federal prudential regulators,...more

9/14/2016 - Banking Sector Banks Cyber Attacks Cybersecurity Data Security FFIEC Financial Institutions NIST Popular Risk Mitigation

CFPB to Participate in FTC Workshop on Consumer Disclosures

On September 15th, the FTC will hold a workshop to examine the testing and evaluation of disclosures that companies make to consumers about advertising claims, privacy practices, and other information. The FTC’s workshop...more

8/24/2016 - Advertising Banking Sector CFPB Consumer Financial Products E-Commerce FTC Mobile Banking Privacy Disclosures UDAAP

Lessons for Businesses from FTC’s Opinion on LabMD’s Data Security Practices

The Federal Trade Commission (FTC) has issued an Opinion and Final Order finding that the data security practices of LabMD, Inc. were unreasonable, and therefore constituted an unfair act or practice in violation of Section 5...more

8/15/2016 - ALJ Data Breach Data Security Enforcement Actions File Sharing FTC FTC Act HIPAA LabMD Likelihood of Harm p2p Popular Section 5

International Regulators Issue Cybersecurity Guidance to the Financial Industry

The Bank for International Settlement (BIS) Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) last week issued the first internationally agreed-upon...more

7/7/2016 - BIS Committee on Payments and Market Infrastructure (CPMI) Corporate Governance Cyber Attacks Cybersecurity Financial Institutions Financial Markets Financial Sector Gramm-Leach-Blilely Act IOSCO New Guidance Risk Management

CFPB Amends GLBA Rules to Permit Exemption from Annual Notice Requirement

On July 1st, the CFPB proposed to amend Regulation P under the Gramm-Leach-Bliley Act (GLBA) to implement the statutory changes made by the Fixing America’s Surface Transportation Act (see prior post) that provided financial...more

7/5/2016 - Banking Sector CFPB Financial Institutions Fixing America’s Surface Transportation Act (FAST Act) Gramm-Leach-Blilely Act Privacy Notice Rule Regulation P

Seventh Circuit Refuses To Impose a Heightened Litigation Standard on Debt Collector

In St. John v. Cach, LLC, the U.S. Court of Appeals for the Seventh Circuit recently issued an opinion holding that the Fair Debt Collection Practices Act (FDCPA) does not prohibit debt collectors from filing collection...more

6/6/2016 - CFPB Consumer Lenders Corporate Counsel Debt Collection Debt Collectors FDCPA Litigation Strategies

TCPA Under Scrutiny in Court and by Senate

The Telephone Consumer Protection Act (TCPA) and a 2015 omnibus Declaratory Ruling and Order (2015 Order) interpreting the TCPA issued by the Federal Communications Commission (FCC) have recently faced additional challenges...more

5/25/2016 - ATDS Congressional Investigations & Hearings Declaratory Judgments FCC First Amendment Free Speech Legislative Committees Political Campaigns TCPA

FTC Highlights FDCPA Risks for Debt Collectors Using Social Media, Texts

The Federal Trade Commission (FTC) recently published a reminder to debt collectors of the Fair Debt Collection Practices Act (FDCPA) compliance risks that are created by the use of social media or text messages in connection...more

4/1/2016 - Advanced Notice of Proposed Rulemaking (ANPRM) Cell Phones CFPB Corporate Counsel Debt Collection Debt Collectors Facebook FDCPA FTC Popular Risk Management Social Media TCPA Text Messages

NY DFS Brings First Data Security Action

The New York State Department of Financial Services (DFS) has announced that it has entered into a consent order with an online payday loan lead generator and its chief executive officer (CEO) (collectively, respondents) to...more

3/25/2016 - Consent Order Consumer Financial Products Corporate Counsel Data Security Notification Requirements NYDFS Online Marketplace Lending Payday Loans Personally Identifiable Information Popular Usury

FTC Enforcement Action Highlights Advertising Risks for Retailers

The Federal Trade Commission (FTC) has announced an enforcement action against Lord & Taylor, a retail department store, for allegedly deceiving consumers by not disclosing paid endorsements and promotions during a social...more

3/21/2016 - Commercial Marketing Disclosure FTC Internet Marketing Native Advertising Online Advertisements Retailers Social Media Unfair or Deceptive Trade Practices

FTC Examines Process by which Companies Assess Compliance with PCI DSS

The Federal Trade Commission (FTC) has issued orders to obtain information about the process by which businesses audit their compliance with the Payment Card Industry Data Security Standards (PCI DSS) and the role of such...more

3/10/2016 - CFPB Credit Cards Data Protection Dwolla FTC Online Payments PCI-DSS Standard Reporting Requirements Retail Market

CFPB brings its first data security enforcement action

Last August, we blogged about a Third Circuit decision that held the FTC can regulate cybersecurity policies and procedures as “unfair” acts or practices under Section 5 of the FTC Act. In our blog post, we commented that...more

3/4/2016 - CFPB Consent Order Data Security Dwolla Enforcement Actions Online Payments Personally Identifiable Information UDAAP

CFPB Initiates Its First Data Security Enforcement Action

The Consumer Financial Protection Bureau (CFPB) has announced its first data security enforcement action. Since the 1990s, the Federal Trade Commission (FTC) has primarily taken on the role as the de facto federal regulator...more

3/4/2016 - CFPB Data Security Dwolla Enforcement Actions Gramm-Leach-Blilely Act Online Payments PCI-DSS Standard UDAAP

President Obama Gives EU Citizens Judicial Redress for Privacy Violations

The Judicial Redress Act (Act), signed into law on February 24, 2016, by President Obama, extends the privacy protections offered to U.S. citizens under the Privacy Act of 1974 to citizens of ''covered countries'' overseas....more

3/2/2016 - EU EU-US Privacy Shield International Data Transfers Judicial Redress Act Personal Data US-EU Safe Harbor Framework

Creditor Can Obtain TCPA "Prior Express Consent" Through Intermediary, Sixth Circuit Rules

A creditor that received a consumer's cell phone number through an intermediary had the consumer's ''prior express consent'' under the Telephone Consumer Protection Act (TCPA) to receive calls from a debt collector, the U.S....more

2/29/2016 - Auto-Dialed Calls Cell Phones Corporate Counsel Debt Collection FCC Health Care Providers Popular Prior Express Consent Putative Class Actions Summary Judgment TCPA

President Creates Cybersecurity National Action Plan and Commission on Enhancing National Cybersecurity

President Obama's Cybersecurity National Action Plan (CNAP), a comprehensive plan to address the nation's cybersecurity challenges through increased funding, a more robust cybersecurity workforce, and education initiatives,...more

2/25/2016 - CISO Cybersecurity Cybersecurity National Action Plan (CNAP) Data Protection Executive Orders Information Technology Obama Administration Popular

DOJ/DHS Issue Interim Guidance on Implementation of Cybersecurity Information Sharing Act

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have released Interim Guidance Documents (Guidance Documents) to implement the Cybersecurity Information Sharing Act of 2015 (CISA). The Act...more

2/24/2016 - Cybersecurity Cybersecurity Information Sharing Act (CISA) DHS DOJ Information Sharing Interim Guidance NCCIC Popular

Voicemail Messages on Debtor's Phone Did Not Violate FDCPA, Federal Court Rules

A debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) by leaving a voicemail message on a cell phone shared by the debtor with her boyfriend because it was not reasonably foreseeable that he would...more

2/23/2016 - Cell Phones Corporate Counsel Debt Collection FDCPA Voicemail

Court: Debt Collector's Implicit Suggestion that Consumer Should Make Payment Within Dispute Period Violates FDCPA

A debt collector's implicit suggestion that a consumer should make a payment before the end of the 30-day dispute period violated the Fair Debt Collection Practices Act (FDCPA), a federal court in Missouri has ruled. In...more

2/22/2016 - Debt Collectors FDCPA Summary Judgment

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