Kim Phan

Kim Phan

Ballard Spahr LLP

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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

FTC Announces ''Operation Collection Protection'' Developments

The Federal Trade Commission (FTC) has announced new developments in ''Operation Collection Protection,'' its new coordinated federal-state enforcement initiative targeting unlawful debt collection practices. The U.S....more

1/16/2016 - Attorney Generals CFPB Debt Collection DOJ Enforcement Actions FDCPA FTC FTCA

FTC Provides Guidance to Businesses Engaged in Native Advertising

The Federal Trade Commission (FTC) recently issued an enforcement policy statement on deceptively formatted advertisements, which explains how it applies established consumer protection principles to different advertising...more

1/5/2016 - Disclosure False Advertising FTC Internet Marketing Native Advertising New Guidance Unfair or Deceptive Trade Practices

LifeLock to Pay $100 Million to Settle Charges it Violated 2010 Court Order

The Federal Trade Commission (FTC) recently approved a $100 million settlement with LifeLock, Inc. to resolve allegations that it violated a 2010 federal court order by failing to take steps required to protect its users’...more

12/28/2015 - Contempt Data Protection False Advertising FTC LifeLock Settlement Unfair or Deceptive Trade Practices

FTC Takes Action against App Developers on COPPA Allegations Involving Persistent Identifiers

The FTC has announced enforcement actions against two app developers that allegedly violated the Children’s Online Privacy Protection Act (COPPA) by using persistent identifiers to serve advertising to children. The...more

12/28/2015 - COPPA Data Collection Enforcement Actions FTC Mobile Apps Online Safety for Children Persistent Identifiers Popular

President signs bill creating exception to GLBA annual privacy notice requirement

An amendment creating an exception to the annual privacy notice delivery requirement for financial institutions has been signed into law by President Obama as part of the “Fixing America’s Surface Transportation Act” (FAST...more

12/10/2015 - Financial Institutions Fixing America’s Surface Transportation Act (FAST Act) Gramm-Leach-Blilely Act Opt-Outs Privacy Notice Rule

ACC Foundation Releases Largest Study of its Kind on Cybersecurity Among In-House Counsel Study Underwritten by Ballard Spahr

The Association of Corporate Counsel Foundation (ACC) released a State of Cybersecurity report underwritten by Ballard Spahr on December 9, 2015. The report provides valuable insights on cybersecurity issues from more than...more

12/10/2015 - Corporate Counsel Cybersecurity Framework Data Breach FTC In-House Perspective

President Signs Bill Creating Exception to GLBA Annual Notice Requirement

An amendment creating an exception to the annual privacy notice delivery requirement for financial institutions has been signed into law by President Obama as part of the “Fixing America’s Surface Transportation Act” (FAST...more

12/9/2015 - Financial Institutions Fixing America’s Surface Transportation Act (FAST Act) Gramm-Leach-Blilely Act Privacy Notice Rule Regulatory Oversight

Ballard Spahr Represents Credit Unions in Amicus Brief Challenging FCC TCPA Order

In the case of ACA International v. Federal Communications Commission and United States of America, Ballard Spahr LLP represented the Credit Union National Association (CUNA) in filing a joint amici brief with the American...more

12/4/2015 - Amicus Briefs Credit Unions FCC Motion to Vacate TCPA

Company Prevails in Challenge to FTC Data Security Complaint

A recent decision by the Federal Trade Commission (FTC) Chief Administrative Law Judge (ALJ) dismissed the FTC’s complaint against LabMD, Inc. (LabMD) asserting the company’s alleged failure to protect consumer data in two...more

12/1/2015 - ALJ Data Protection FTC LabMD Personally Identifiable Information Popular

NY DFS Proposes New Cybersecurity Regulations for Financial Institutions

The New York Department of Financial Services (NYDFS) has distributed a letter to various federal and state regulatory agencies and associations proposing the development of new cybersecurity regulations for financial...more

11/24/2015 - Cybersecurity Framework FFIEC Financial Institutions NYDFS Regulatory Oversight

FDCPA “Communication” Must Imply Existence of a Debt, Sixth Circuit Rules

A voicemail message should not be considered a “communication” that is actionable under the Fair Debt Collection Practices Act (FDCPA), the U.S. Court of Appeals for the Sixth Circuit has ruled, unless the message at least...more

11/2/2015 - Appeals Debt Debt Collection Debt Collectors FDCPA Financial Institutions Voicemail

CFPB Information Security Remains a Challenge

The Office of the Inspector General (OIG) has released the “2015 list of major management challenges” faced by the CFPB that the OIG believes will hamper the CFPB’s ability to accomplish the CFPB’s strategic objectives. Like...more

10/8/2015 - Breach Notification Rule CFPB Consumer Financial Products Cyber Attacks Cyber Crimes Cyber Threats Cybersecurity Data Protection Data Security Financial Institutions Hackers Incident Response Plans Information Security Mortgage Lenders OIG Personally Identifiable Information

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

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