New proposed legislation in California, backed by state Attorney General (“AG”) Xavier Becerra, would amend the new California Consumer Privacy Act (“CCPA”) to make it easier for private plaintiffs and public officials to sue...more
2/28/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation ,
Public Officials ,
State Attorneys General
A bill introduced last week in the California State Assembly could change the consumer lending landscape in California considerably....more
California is once again poised to set the standard for privacy and data security by enacting the first state law directed at securing Internet of Things (IoT) devices. The law has passed the state legislature and is awaiting...more
9/7/2018
/ Connected Items ,
Cybersecurity ,
Data Protection ,
Information Technology ,
Internet of Things ,
Manufacturers ,
Pending Legislation ,
Popular ,
Risk Management ,
Security Standards ,
State and Local Government
Resolving an ambiguity in the California Finance Lender's Law (CFLL), the California Supreme Court unanimously held that borrowers may use the unconscionability doctrine to challenge the interest rate on consumer loans of...more
8/17/2018
/ Ability-to-Repay ,
CA Supreme Court ,
CashCall ,
Consumer Financial Products ,
Consumer Lenders ,
Finance Lenders Law ,
Financial Services Industry ,
High-Interest Loans ,
Interest Rates ,
State and Local Government ,
Unconscionable Contracts ,
Unfair Competition Law (UCL)
Consumer advocacy groups are questioning the purported benefits of H.R. 435 the “Credit Access and Inclusion Act of 2017,” a bill that passed with bipartisan support in the House of Representatives in June, and is currently...more
8/3/2018
/ Consumer Financial Products ,
Credit Reporting Agencies ,
Credit Reports ,
Equifax ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
Landlords ,
Legislative Agendas ,
Proposed Legislation ,
Telecommunications ,
TransUnion ,
Utilities Sector
As we discussed in our prior alert, California voters had been poised to consider a citizen-initiated ballot measure that would have significantly expanded the privacy rights of California citizens and provided substantial...more
6/29/2018
/ Consumer Rights Directive ,
Disclosure Requirements ,
Legislative Agendas ,
New Legislation ,
Notice Requirements ,
Online Platforms ,
Personal Data ,
Privacy Policy ,
Regulatory Oversight ,
Regulatory Requirements ,
State and Local Government
The U.S. Supreme Court this week struck down a federal law that prohibits most states from allowing gambling on competitive sporting events. The Court's May 14 ruling in Murphy v. NCAA has significant potential implications...more
5/17/2018
/ Anti-Commandeering ,
Appeals ,
Constitutional Challenges ,
Murphy v National Collegiate Athletic Association ,
NCAA ,
PASPA ,
Reversal ,
SCOTUS ,
Sports Gambling ,
State Sovereignty ,
States Rights ,
Tenth Amendment
A debt collector cannot avoid claims under the Fair Debt Collection Practices Act (FDCPA) by purchasing the debtor's lawsuit, according to a recent opinion from the U.S. Court of Appeals for the Ninth Circuit. ...more
The U.S. Department of Justice (DOJ) announced last week that it reached an agreement with Michigan-based COPOCO Community Credit Union to settle a lawsuit alleging that the credit union violated the Servicemembers Civil...more
If you are a hospital processing European Union (EU) patient data, if you maintain EU customer loyalty programs, or if you engage in behavioral advertising of EU citizens, you may be required to appoint a data protection...more
5/4/2017
/ Article 29 Working Party (WP29) ,
Data Processors ,
Data Protection ,
Data Protection Officers (DPOs) ,
Electronic Protected Health Information (ePHI) ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
Hospitals ,
International Data Transfers ,
Personal Data ,
Popular ,
Telecommunications
Two state-chartered banks recently filed complaints for declaratory judgment and injunctive relief against the Administrator of the Uniform Consumer Credit Code for the State of Colorado, Julie Ann Meade. The complaints were...more
Two state-chartered banks, WebBank and Cross River Bank, recently filed complaints for declaratory judgment and injunctive relief against the Administrator of the Uniform Consumer Credit Code for the State of Colorado, Julie...more
The EU General Data Protection Regulation (GDPR), which takes effect in May 2018, will require companies to reassess their mechanisms for obtaining, tracking, and verifying individuals' consent. Companies will need clear and...more
After the U.S. Supreme Court's decision in Spokeo, Inc. v. Robbins last year, many defendants have perceived the assertion of a standing argument as a potential panacea when confronted with federal statutory claims in which...more
3/2/2017
/ Article III ,
Attorney's Fees ,
Class Action ,
Corporate Counsel ,
Dismissal With Prejudice ,
FACTA ,
Financial Institutions ,
Financial Services Industry ,
Injury-in-Fact ,
Motion to Remand ,
Removal ,
Spokeo v Robins ,
Standing
The New York State Department of Financial Services (NYDFS) has come out strongly against an Office of the Comptroller of the Currency (OCC) proposal to grant national bank charters to financial technology (fintech)...more
1/30/2017
/ American Bankers Association ,
Anti-Money Laundering ,
Banking Sector ,
Banks ,
Capital Requirements ,
Community Reinvestment Act ,
Consumer Financial Protection Bureau (CFPB) ,
Fair Lending ,
FDIC ,
Federal Reserve ,
FinTech ,
Fintech Charter ,
National Bank Act ,
National Bank Charters ,
NYDFS ,
OCC ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Oversight ,
Technology ,
Terrorism Funding
The Federal Trade Commission (FTC) has entered into a proposed consent order requiring digital advertising company Turn Inc. to include a clear and conspicuous notice detailing how it collects, uses, or shares information...more
12/27/2016
/ Advertising ,
Cookies ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misrepresentation ,
Mobile Apps ,
Online Platforms ,
Opt-Outs ,
Popular ,
Settlement ,
Unfair or Deceptive Trade Practices ,
Web Tracking ,
Websites
The Federal Trade Commission (FTC) has entered into a multimillion dollar settlement with the owners and operators of AshleyMadison.com, a dating website for people interested in having discreet affairs, related to the...more
12/16/2016
/ Adultery ,
Ashley Madison ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Security ,
Dating Services ,
Federal Trade Commission (FTC) ,
Fines ,
Hackers ,
Internet ,
Marriage ,
Misrepresentation ,
Online Platforms ,
Personally Identifiable Information ,
Popular ,
Settlement ,
Spouses ,
Website Owner Liability ,
Websites
In a ruling with significant potential impact, the Court of Justice of the European Union (CJEU) has ruled that a dynamic internet protocol (IP) address may constitute "personal data" under EU Data Protection Directive...more
A goal of providing effective disclosures to consumers is to allow consumers to make informed decisions. But what must be done to make disclosures effective? This was the question the Federal Trade Commission (FTC) explored...more
9/27/2016
/ Advertising ,
Banking Sector ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Mobile Apps ,
Mobile Devices ,
Native Advertising ,
Popular ,
Social Media ,
Social Networks ,
Tracking Systems ,
Video Games ,
Warner Brothers Entertainment
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
The New Jersey Supreme Court recently clarified its rules regarding mortgage priority, holding that a factoring company’s secured first mortgage can be trumped by a law firm’s later-filed mortgage where the factoring company...more
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
/ Bureau of Industry and Security (BIS) ,
Committee on Payments and Market Infrastructure (CPMI) ,
Corporate Governance ,
Cyber Attacks ,
Cybersecurity ,
Financial Institutions ,
Financial Markets ,
Gramm-Leach-Blilely Act ,
IOSCO ,
New Guidance ,
Risk Management
The Federal Trade Commission's (FTC) Bureau of Consumer Protection issued a Staff Comment on June 16, 2016, supporting several of the Federal Communication Commission's (FCC) proposed regulations implementing amendments to...more
When a consumer's current balance will increase over time due to interest and late fees, a debt collection notice must disclose this information, the U.S. Court of Appeals for the Second Circuit has ruled. In Avila v....more
The California Court of Appeal recently held that a plaintiff cannot seek entry of default against a trustee that files a declaration of nonmonetary status pursuant to California Civil Code Section 2924l. Section 2924l...more