General Business Consumer Protection

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Heartbleed Virus Causes Heartburn: Information Security Implications

News reports regarding the so-called Heartbleed computer virus sparked concerns regarding cyber security and digitally-stored personal information. The Canada Revenue Agency announced that the virus caused a security breach...more

Financial Services Weekly News Roundup - November 2014 #4

Editor’s Note: Spotlight on the FDIC: In a Financial Institutions Letter, FIL-56-2014, the FDIC announced additional guidance on its 1998 Statement of Policy on Applications for Deposit Insurance in a Q&A format on...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

The New European Antitrust Damages Directive: Opening the Floodgates for Civil Litigation?

After more than ten years in gestation, on November 10, 2014, the European Council of Ministers formally adopted the Antitrust Damages Directive....more

Certifying privacy compliance: Is TRUSTe sufficiently trusty?

People concerned about privacy often ask, “Who can you trust?” And thus it’s worrisome when even a trusted intermediary — indeed, a privacy certification provider named for trust, TRUSTe — turns out to have a trustworthiness...more

Final Menu Labeling Rules Released by FDA

The U.S. Food and Drug Administration (FDA) released two final rules for menu and vending machine labeling on November 25, 2014. The long-awaited rules stem from provisions in the Affordable Care Act (ACA), the comprehensive...more

Recent Developments Relating to Antitrust and Intellectual Property: Patent Assertion Entities, FRAND and Patent Misuse

On Thursday November 6, the Federal Trade Commission (FTC) announced it had reached an agreement with MPHJ Technology Investments (MPHJ), a patent assertion entity, to settle the FTC’s Complaint that MPHJ allegedly made...more

Implementing Directive 2011/83/ EU Into Italian Law

Italy implemented the Consumer Rights Directive by adopting the Legislative Decree no. 21 of February 21, 2014 effective from June 13, 2014 which amended the Italian Consumer Code. The new rules apply to any contract...more

Cybersecurity Litigation Monthly Newsletter

In August, Paytime, Inc., a payroll services company, moved to dismiss a putative class action filed in the wake of a data breach in which the personal and financial information of more than 230,000 people was compromised. ...more

Updating IT and BYOD Policies to Reflect CASL Software Notification Requirements

On January 15, 2015, the software provisions in Canada’s Anti-Spam Legislation (CASL) will come into force, creating significant prohibitions and requiring consent to, among other things, install software, change device...more

Financial Regulatory Developments Focus - November 2014 #4

In this issue: - Bank Prudential Regulation & Regulatory Capital - Bank Structure - Compensation - Consumer Protection - Derivatives - Enforcement - Financial Market...more

Update: PIPA Revived

As a follow-up to our earlier post (PIPA on Death’s Door), Alberta’s Personal Information Protection Act (PIPA) has been resuscitated. The Supreme Court of Canada (SCC) has granted a six-month reprieve, to allow the...more

Implementing EU Directive 2011/83 Into French Law

The Consumer Rights Directive was implemented in France by the so called Loi Hamon of March 17, 2014. The Loi Hamon strengthens the information obligations on traders which cover in particular the main...more

Privacy Tuesday - November 2014 #2

Here are three privacy stories to start your week - 1. Dear “financial institution” : how is your data security?! Senator Elizabeth Warren (D-Mass) announced (press release) that on November 18 the Senator...more

Privacy Alert: Privacy Lessons Learned From Uber

It’s not just health care companies, credit card companies, or big box retailers that need to be careful when it comes to privacy. Any company collecting user data from mobile apps—including geolocation data, user address...more

Implementing EU Directive 2011/83 Into Belgian Law

Belgium has implemented the Consumer Rights Directive by means of the Act of December 21, 2013 introducing Book VI of the Economic Law Code on Marked Practices and Consumer Protection, as published on December 30, 2013. The...more

Understanding the EU Consumers Rights Directive

Reports in 2013 about online business transactions across EU national borders revealed some disturbing facts. According to the 2013 Flash Eurobarometer reports (nos. 358 and 359, 2013), retailer and consumer attitudes...more

SEC Investor Alert: How to Be a Smart Investor Online

Earlier last week, the SEC’s Office of Investor Education and Advocacy issued an Investor Alert reminding investors seeking information and advice online to be wary of fraudulent investment schemes involving social media. In...more

Data and Its Discontents: Recent Study Charts Americans’ Rising Distrust of Government and Corporations and Desire for Change

When it comes to personal data and privacy, Americans do not trust the government, do not trust corporations, and do not think that any modern digital forum is safe from the exploitation or interference of either. ...more

Digital Currency Corner - What FinCEN’s Denial of Payment Processing Exemption for Virtual Currency-Related Businesses Means for...

Why it matters - The rapid evolution of virtual and digital currencies has spawned significant activity in several federal agencies with implications potentially for traditional entities in certain cases. In addition...more

NY Financial Regulators Push Institutions to Tighten Cybersecurity

Following a string of publicly disclosed cyberattacks against both retailers and financial institutions, New York's top financial regulator called on the financial sector to be more proactive in its cybersecurity efforts. A...more

CFTC Launches National Campaign to Protect Consumers

On November 19, the CFTC launched CFTC SmartCheck, a new national campaign to help investors identify and protect themselves against financial fraud....more

Berkeley's Measure D: What Distributors, Restaurants and Retailers need to know about the Berkeley "Sugar Tax"

According to its backers, the Berkeley “Sugar Tax” is the future of sugar in America. Berkeley’s Measure “D,” which garnered an overwhelming 75% “yes” vote, imposes a general excise tax of $0.01 per ounce on the distribution...more

MIA says Price Optimization Violates Statute; Opportunity for Regulatory Challenge Arrives in 2015

On October 31, 2014, the Maryland Insurance Administration issued Bulletin 14-23 titled “Unfair Discrimination in Rating: Price Optimization,” promising to bring future regulatory action against any company that fails to...more

Unilever Gets Egg On Its Face: Maker of Hellmann’s Sues Upstart Hampton Creek for False Advertising

Unilever, the maker of Hellmann’s Mayonnaise, has filed a lawsuit in New Jersey federal court against Hampton Creek foods over a competing product called Just Mayo. As many folks know, Hampton Creek is a food start-up focused...more

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