Mercedes Kelley Tunstall

Mercedes Kelley Tunstall

Ballard Spahr LLP

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Federal Bank Regulators Increase Focus on Cybersecurity

As banking regulators increase their focus on cybersecurity, they are taking steps to raise financial institutions’ awareness about the need for preparedness. On June 24, 2014, the Federal Financial Institutions Examination...more

7/14/2014 - Banks Cybersecurity FFIEC

U.S. Supreme Court Cell Phone Privacy Decision Deserves Employer Attention

In a unanimous decision, the U.S. Supreme Court ruled this week in Riley v. California that police generally may not conduct a warrantless search of digital data stored on the cell phone of someone who has been arrested. The...more

6/27/2014 - Cell Phones Fourth Amendment Police Popular Riley v California SCOTUS Search Warrant

Supreme Court Sets Framework for Determining Software Patent Eligibility

The U.S. Supreme Court recently issued an important opinion in Alice Corp. v. CLS Bank International regarding the patent eligibility of basic business methods covered in computer software patents. Writing for the unanimous...more

6/24/2014 - Alice Corporation Bilski CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software

California Attorney General Releases Privacy Policy Guidance for 'Do Not Track' Disclosures

California Attorney General Kamala Harris recently released guidance, Making Your Privacy Practice Public, to help companies comply with the California Online Privacy Protection Act's (CalOPPA) "Do Not Track" (DNT) disclosure...more

5/28/2014 - CalOPPA Disclosure Requirements Do Not Track Enforcement Personally Identifiable Information Privacy Policy Websites

CFPB Proposes New Rules on Gramm-Leach-Bliley Act Annual Privacy Notices

The Consumer Financial Protection Bureau recently published a proposed rule that would amend Regulation P to allow financial institutions, under certain circumstances, to deliver annual privacy notices to their customers...more

5/19/2014 - Banks CFPB Gramm-Leach-Blilely Act Notice Requirements Proposed Amendments Regulation P Right to Privacy

CFPB proposes new rule on GLBA annual privacy notice

The CFPB has published a proposed rule that would amend Regulation P to allow financial institutions that satisfy certain conditions to deliver annual privacy notices to their customers using an alternative online delivery...more

5/19/2014 - CFPB Data Protection GLBA Privacy Gramm-Leach-Blilely Act Regulation P

New York Department of Financial Services To Begin Cybersecurity Examinations of Financial Institutions

On May 6, New York Governor Andrew Cuomo announced that the New York Department of Financial Services (DFS) will soon begin examining financial institutions for their cybersecurity preparedness. Governor Cuomo stated that,...more

5/9/2014 - Audits Bank Records Cybersecurity Data Breach Financial Institution Liability Information Governance Reporting Requirements

FTC Announces Settlements with Data Brokers over Alleged FCRA Violations

The Federal Trade Commission recently announced two more settlements with data brokers for alleged violations of the Fair Credit Reporting Act (FCRA). The settlements with Instant Checkmate, Inc., InfoTrack Information...more

4/11/2014 - Credit Reports Data Brokers Data Protection FCRA FTC

FCC Eases Some Standards for TCPA Consent Compliance Regarding Texting

Last week, the Federal Communications Commission (FCC) adopted two declaratory rulings that eased some standards for complying with the Telephone Consumer Protection Act's (TCPA) consent requirements regarding informational...more

4/2/2014 - Consent FCC TCPA Texting

FinCEN Rules on Status of Virtual Currency Miners and Investors as Money Service Businesses

The Financial Crimes Enforcement Network (FinCEN) has issued two rulings regarding the status of virtual currency miners and investors as money service businesses (MSB) under the Bank Secrecy Act (BSA). The rulings address...more

2/7/2014 - Bank Secrecy Act Bitcoins FinCEN Money Services Business Virtual Currency

FTC Continues Aggressive FCRA Enforcement against Data Brokers

The Federal Trade Commission continues to aggressively enforce the Fair Credit Reporting Act (FCRA) against data brokers, as shown by its recent settlement with TeleCheck Services, Inc. The settlement requires TeleCheck to...more

1/24/2014 - Civil Monetary Penalty Data Brokers Data Protection Enforcement Enforcement Actions FCRA FTC Personally Identifiable Information

FTC Settles Nine Auto Dealer Deceptive Advertising Cases

The Federal Trade Commission announced last week that it had entered into proposed consent orders with nine auto dealers in six states that were charged with deceptive advertising in violation of Section 5 of the FTC Act....more

1/15/2014 - Advertising Car Dealerships CLA False Advertising FTC Regulation M Regulation Z TILA

FTC Settles First FCRA Risk-Based Pricing Notice Enforcement Action

The Federal Trade Commission recently announced the settlement of its first enforcement action for alleged violations of the Fair Credit Reporting Act (FCRA) risk-based pricing rule (Rule). The settlement demonstrates that...more

12/24/2013 - Compliance Enforcement Enforcement Actions FCRA FTC Risk-Based Approaches

Director Cordray confirms CFPB plans to examine credit card rewards programs

According to a Bloomberg report by Carter Dougherty, Director Cordray confirmed last week that the CFPB will be looking at credit card rewards programs. Director Cordray is reported to have indicated that the CFPB will be...more

11/21/2013 - CARD Act CFPB Credit Cards Disclosure Requirements Rewards Programs Richard Cordray

California Enacts New Website Disclosure Requirements

A new California law taking effect on January 1, 2014, will require any operator of a website or online service that collects personally identifiable information on state residents to include new do-not-track disclosures in...more

10/14/2013 - Disclosure Requirements Do Not Track Jerry Brown Privacy Laws Websites

TCPA Autodialer Limits Apply Only to Phone Systems with ‘Present Capacity,’ Alabama Federal Court Rules

An Alabama federal court recently ruled that the limits imposed by the Telephone Consumer Protection Act (TCPA) on the use of autodialers applied only to phone systems that had the “present capacity” to make autodialed calls...more

10/7/2013 - Robocalling Spam TCPA Telemarketing

CFPB Plans Continued Scrutiny of Credit Card Practices

The Consumer Financial Protection Bureau has issued a report on how the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act) has affected the consumer credit card market. The report describes the...more

10/3/2013 - CARD Act CFPB Credit Cards

CFPB Warns Employers on Required Use of Payroll Cards

The Consumer Financial Protection Bureau has issued a bulletin warning employers that they cannot require employees to receive their wages on payroll cards. The bulletin appears to respond to the explosive growth in the use...more

9/16/2013 - CFPB Compliance EFTA Minimum Wage Payroll Cards Regulation E Wages

FTC Settles Deceptive Advertising Claims against Two Auto Dealers

The Federal Trade Commission recently accepted agreements containing proposed consent orders from two car dealers who were charged with deceptive advertising in violation of Section 5 of the FTC Act....more

9/4/2013 - Automotive Industry Car Dealerships False Advertising FTC

Consumer Can Revoke Consent to Autodialed or Prerecorded Cell Phone Calls

The Telephone Consumer Protection Act (TCPA) permits a consumer to revoke consent given for autodialed or prerecorded calls to the consumer's cellular telephone number and does not limit the timing of revocation, the U.S....more

8/23/2013 - Cell Phones Consent FCC Robocalling TCPA

New FCC Telemarketing Written Consent Requirement Takes Effect on October 16

Effective October 16, 2013, all sellers and telemarketers will need a consumer's written agreement to make prerecorded telemarketing calls to residential telephone lines or autodialed or prerecorded telemarketing calls to...more

8/21/2013 - Established Business Relationship FCC Robocalling TCPA Telemarketing Written Consent

Federal Court Declares Debit Card Interchange Fee Rule Provisions Invalid

A Washington, D.C., federal district court has declared that the interchange fee and network non-exclusivity provisions of the Federal Reserve Board’s final debit card interchange fee rule are invalid....more

8/1/2013 - Debit Cards Dodd-Frank Durbin Amendment Rules Federal Reserve Interchange Fees

Seventh Circuit Upholds Privacy Class Action under Federal Law

In a notable decision that may lead to an increase in privacy class actions under federal law, the Seventh Circuit in Harris v. comScore, Inc. upheld the certification of a class action for alleged privacy violations under...more

7/24/2013 - CFAA Class Action Class Certification ECPA Harris v comScore Privacy Laws Right to Privacy Stored Communications Act

Ohio Federal Court Addresses Privacy Rights around Employee Smartphones

A recent Ohio federal court decision serves as a reminder that companies need to review their Bring Your Own Devices (BYOD) policies to ensure that employees are adequately informed about the communications that corporate...more

7/15/2013 - Bring Your Own Device Cell Phones Email Employee Rights Mobile Devices Privacy Policy Right to Privacy Smartphones

Uncertainty Remains Under CFPB's Proposed Changes to Prohibition on Financing Credit Insurance Premiums

The CFPB has proposed changes to the Regulation Z prohibition on financing credit insurance premiums (Section 1026.36(i)) as part of several new proposed amendments to the mortgage rules it adopted in January 2013....more

7/2/2013 - CFPB Lenders Loan Originator Compensation Rule Loans Premiums Proposed Amendments Regulation Z

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