Kim Phan

Kim Phan

Ballard Spahr LLP

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New NIST Guide Advises Healthcare Companies on Securing Patient Health Information on Mobile Devices

In response to a growing demand for cybersecurity guidance in the health care industry, the National Institute of Standards and Technology (NIST), through its National Cybersecurity Center of Excellence, recently published a...more

8/12/2015 - Cyber Attacks Cyber Crimes Cybersecurity Data Breach Data Privacy Data Protection Data Security Hackers Health Information Technologies Healthcare HIPAA Information Technology Mobile Devices NIST Passwords Personally Identifiable Information

CFPB Speaks Out on Behalf of Disabled Veterans

In a blog post on the CFPB website, the CFPB advocated on behalf of veterans with service-connected disabilities, who face obstacles when transitioning back to civilian life and working to become financially secure. The CFPB...more

8/3/2015 - ADA Banking Sector Banks CFPB Discrimination DOJ Fair Lending Financial Institutions Honda Veterans

DOJ Cracks Down on Cyber Criminals

The Department of Justice (DOJ) recently announced the largest coordinated international law enforcement effort ever directed at an online cyber-criminal forum. Financial institutions and other companies should consider...more

7/24/2015 - Best Practices Criminal Prosecution Cyber Crimes Cybersecurity DOJ Enforcement Actions FBI Financial Institutions Hackers Malware New Guidance NIST

FOIA Lawsuit Filed Challenging CFPB Research Methodology

The law firm Covington & Burling LLP has filed a Freedom of Information Act (FOIA) lawsuit against the CFPB in Washington, D.C. federal district court seeking  information relating to the CFPB’s report on, “Consumer Voices on...more

7/21/2015 - CFPB Confidential Documents Credit Ratings Credit Reports Discovery FOIA Privacy Concerns Transparency

FCC Order Creates New TCPA Challenges for Companies

As previously reported, the Federal Communications Commission recently approved a Declaratory Ruling and Order (the Order) addressing a number of petitions that requested the FCC clarify its interpretations of the Telephone...more

7/14/2015 - Auto-Dialed Calls Collection Agencies Debt Collection Declaratory Rulings Exemptions FCC Financial Institutions Healthcare Prior Express Consent Revocation TCPA Telemarketing Text Messages

FFIEC Tool Helps You Assess Cyber Risk

The Federal Financial Institutions Examination Council (FFIEC) has released its long-awaited Cybersecurity Assessment Tool (Assessment) to help financial institutions identify the inherent risks faced by a company and...more

7/9/2015 - Bank Examinations Cyber Threats Cybersecurity FFIEC Financial Institutions OCC Risk Assessment Risk Management Security and Privacy Controls

FTC follows in CFPB footsteps with GLBA privacy notices

The 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 vehicle dealers to notify...more

6/24/2015 - Annual Notices Car Dealerships CFPB FTC Gramm-Leach-Blilely Act Privacy Notice Rule Websites

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

State AG – Credit Bureaus Settlement: What Furnishers Need to Know - More than 30 state attorneys general reached a settlement...

Last week, Ohio Attorney General Mike DeWine issued a press release announcing the results of a multi-state investigation into the three national credit reporting agencies (CRAs) - Equifax Information Services LLC, Experian...more

5/29/2015 - CFPB Credit Reporting Agencies Credit Reports Debt Buyers Debt Collection Equifax Experian FCRA TransUnion

Shelby regulatory relief bill would create GLBA annual privacy notice exception

In addition to the numerous mortgage-related provisions in Senator Shelby’s regulatory reform bill entitled the “Financial Regulatory Improvement Act of 2015,” the bill contains a provision directed at the annual financial...more

5/21/2015 - Financial Institutions Financial Regulatory Reform Gramm-Leach-Blilely Act Pending Legislation Privacy Notice Rule

CFPB Issues Study on Credit Reports; Next Steps are Unknown

The CFPB recently released a report that documents the results of a research project undertaken by the CFPB’s Office of Research to better understand the demographic characteristics of consumers without traditional credit...more

5/7/2015 - CFPB Consumer Lenders Credit Reporting Agencies Credit Reports Financial Institutions Information Reports

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

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

CFSA weighs in on CFPB proposed payday regulations

On March 26th, the Community Financial Services Association (“CFSA”) held a press call to address the CFPB’s rulemaking process for developing payday loan regulations. CFSA Chief Executive Officer Dennis Shaul offered brief...more

3/31/2015 - CFPB Consumer Financial Products Consumer Lenders Payday Loans Rulemaking Process Trade Associations

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

New York Issues Guidance on New Third-Party Debt Collector and Debt Buyer Regulations

The New York Department of Financial Services has issued guidance about its new Third-Party Debt Collector and Debt Buyer Regulations in the form of Frequently Asked Questions (“FAQs”). The FAQs provide insight on the scope...more

2/23/2015 - Debt Buyers Debt Collectors New Guidance NYDFS

Anthem's Breach: How Employers Should Respond

With the news of the breach of security at Anthem health plans, many employers have been wondering whether their employees are affected and how they should respond. The breach extends to members in Anthem-affiliated plans and...more

2/11/2015 - Anthem Blue Cross Cyber Attacks Cybersecurity Data Breach Health Insurance Insurance Companies Personally Identifiable Information Popular

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

New York Issues Far-Reaching Debt Collection Regulations

The New York Department of Financial Services (DFS) published its final debt collection regulations on December 3, 2014, following an extensive rulemaking period. The regulations impose requirements on third-party debt...more

12/8/2014 - Debt Buyers Debt Collection Department of Financial Services Disclosure Requirements Electronic Communications FDCPA New Regulations Prior Express Consent

FTC Challenges Privacy Self-Regulation Offered by TRUSTe

The Federal Trade Commission (FTC) recently announced an enforcement action against TRUSTe, a provider of privacy certifications for online businesses. The settlement resolves allegations that TRUSTe deceived consumers about...more

11/21/2014 - Certifications Enforcement Actions FTC Privacy Policy

FTC Continues Regulatory Scrutiny of the Debt Buying Industry

The Federal Trade Commission (FTC) recently obtained temporary injunctions against two passive debt buyers, which are companies that buy and sell debt portfolios and exclusively use third-party debt collectors. In complaints...more

11/19/2014 - Debt Buyers Enforcement Actions FTC Junk Debt OCC Preliminary Injunctions Section 5

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

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