Administrative Agency Consumer Protection General Business

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
News & Analysis as of

Another multi-million dollar TCPA settlement

TCPA settlements are becoming ho-hum because they are so frequent. They are plaintiffs’ attorneys’ dream cases because of strict liability damages. All the more reason to keep your eye on the TCPA compliance ball as it...more

OCC Updates Consumer Compliance Examination Manual To Incorporate Integrated Disclosures

The Office of the Comptroller of the Currency has released revised TILA and RESPA chapters of its examination manual for consumer compliance exams. The revised chapters incorporate the detailed procedural and substantive...more

OCC updates consumer compliance examination manual to incorporate integrated disclosures

The Office of the Comptroller of the Currency has released revised TILA and RESPA chapters of its examination manual for consumer compliance exams. The revised chapters incorporate the detailed procedural and substantive...more

DOT Revises Its “Mistaken Fares” Enforcement Policy

DOT’s Office of Aviation Enforcement and Proceedings issued a notice temporarily amending its enforcement policy regarding airlines’ obligation to honor “mistaken fares.” Until now, DOT’s Enforcement Office has generally...more

King & Spalding Lawyers Attend DOJ Cybersecurity Industry Roundtable On Data Breaches

On Wednesday, April 29, King & Spalding Partner Phyllis Sumner and Counsel Nick Oldham participated in DOJ’s first Cybersecurity Industry Roundtable regarding data breaches. The Roundtable included several notable DOJ and law...more

DOJ Releases Best Practices for Victim Response and Reporting of Cyber Incidents

Last week, the Cybersecurity Unit of the Department of Justice (DOJ) issued a list of “best practices” for companies concerning preparing for and responding to cyber-attacks. The report details the lessons federal prosecutors...more

ASIC announces proposed regulatory guide for review and remediation in the industry

After several high profile remediation programs by financial advice organisations, the Australian Securities and Investment Commission (ASIC) has decided to prepare guidance for industry participants in how to develop and...more

Washington Amends its State Data Breach Notification Law

On April 13, the Washington State Senate unanimously passed an amendment to the state’s data breach notification law. The amendment, which was requested by Washington Attorney General Bob Ferguson, and which we discussed in...more

The FCC Just Upped the Ante for Communications Providers and the FTC with a $25 Million Fine, a Detailed Information Security...

The FCC has been warning communications companies for months that protecting consumer privacy and information security is a top priority, and the recent announcement of a $25 million settlement with AT&T over its alleged...more

AT&T Pays $25 Million in FCC Settlement

In the largest ever data security enforcement action taken by the Federal Communications Commission (FCC), AT&T agreed to pay $25 million to resolve an investigation into consumer privacy violations at its call centers in...more

Will the FCC Answer Calls to Clarify the TCPA?

We can now count an FCC Commissioner among those imploring the agency to act on the growing number of pending petitions asking for much needed clarification of regulations promulgated under the Telephone Consumer Protection...more

Food Labeling, Food Safety & Nutrition

From a national action plan on combating antibiotic-resistant bacteria in food-producing animals and a presidential task force on fishing and seafood fraud, to proposed rules on nutrition and supplement fact labeling, the...more

OIG adds new audit item to work plan

The Office of Inspector General (OIG) has added a new ongoing CFPB project to its work plan updated as of March 13, 2015. The OIG is auditing the CFPB’s compliance with the Improper Payments Information Act of 2002, as...more

Payday lenders remain a focus for ASIC

ASIC has released a statement as well as a video from Deputy Chairman Peter Kell setting out its agenda with respect to payday lenders. ...more

Another Good Reason to Pay Heed to Cyber Security

For many companies, the prospect of a dreadful, costly and reputation-damaging cyber-attack and data breach is all the motivation they need to assess and improve their cyber security and data protection posture RIGHT NOW. ...more

A Gift for New Jersey Gift Card Issuers and Retailers: Consumer Data Collection Requirements Eliminated by S.B. 2235

Retailers and issuers of gift cards in New Jersey recently received welcome news: they no longer have to worry about looming consumer data collection requirements. Under existing law, beginning in July 2016, gift card (also...more

Privacy commissioner to audit 21 privacy policies for compliance: it may be you!

The Australian Privacy Commissioner (Commissioner) is preparing to conduct an assessment of 21 online privacy policies at random. The Commissioner also noted: "[we've] been talking for a long time about the need to build...more

UK's Information Commissioner's Office Enters Corrective Action Agreement With Shoe Retailer For Data Breach

On January 19, 2015, the United Kingdom’s Information Commissioner’s Office (“ICO”) — an independent UK body created to uphold information rights — published a corrective action agreement with shoe retailer Office Holdings...more

FTC Announces Settlement of First Actions against Auto Title Lenders

The Federal Trade Commission recently announced that it has entered into proposed settlements with two auto title lenders that were charged with deceptive advertising in violation of Section 5 of the FTC Act and the Truth in...more

First State Regulator Case Under Dodd-Frank Yields $12M Deal in New York

Why it matters - The first case brought by a state regulator under Section 1042 of the Dodd-Frank Wall Street Reform and Consumer Protection Act resulted in a consent judgment, with an auto lender agreeing to pay up to...more

The SEC’s Telling Enforcement Shift

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 made numerous, and significant, changes to the Securities and Exchange Commission’s regulatory powers particularly with respect to regulated professionals...more

Marriott Fined $600,000 For Wi-Fi Jamming

On October 3, 2014, Marriott International entered into a consent decree with the Federal Communications Commission (FCC) where Marriott agreed to pay a $600,000 fine for jamming conference guests' Wi-Fi hotspots at the...more

Setting the Table - The FDA’s Proposed Food Safety Rule: What Warehouse Leaders Need to Know

Although the FDA has characterized the risk of food contamination during transportation as “low,” a proposed FDA regulation, entitled “Sanitary Transportation of Human and Animal Food” will impose new restrictions which all...more

FDA’s new menu labeling and vending machine requirements: 10 key answers for food businesses

The Food and Drug Administration has finalized its rules requiring that calorie information be listed on menus and menu boards of chains with at least 20 units operating under the same name and in connection with vending...more

NAD Finds Fault with Taste Test’s Survey Universe and Test Locations

In a recent decision involving taste tests and preference claims for sweetened breakfast cereals, the National Advertising Division (NAD) once again reminds advertisers that advertising claims must be substantiated by...more

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