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General Business Consumer Protection

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Belgian Financial Regulator's Tightening of Investor Protection Against Unfair Contract Terms

by Jones Day on

On 6 February 2017, Belgium's financial regulator (Belgian Financial Services and Markets Authority ("FSMA")) moved to fortify the protection of investors, publishing a position paper ("Position Paper") on the application of...more

CFPB Hits Student Loan Servicer With Lawsuit

The Consumer Financial Protection Bureau (CFPB) has sued a major student loan servicer as detailed by the complaint filed in Pennsylvania federal court....more

CPSC Acting Chairman Ann Marie Buerkle Emphasizes Collaboration, Balance, and Education

by Kelley Drye & Warren LLP on

Acting Chairman of the Consumer Product Safety Commission (“CPSC”) Ann Marie Buerkle highlighted her priorities and recent noteworthy developments in a recent newsletter. She emphasized her desire to collaborate with...more

FDA Issues Further Guidance Related to FSVP

by Jones Day on

On May 11, 2017, FDA announced a new updated fact sheet and a guidance related to the use of a Unique Facility Identifier that is acceptable under the Foreign Supplier Verification Program ("FSVP") regulation. The three-page...more

Romaine Calm: FSVP is Approaching

Does FSVP Apply to You? Are you the importer, consignee, or agent for food imported into the United States? If so, the Foreign Supplier Verification Program for Importers of Food for Humans and Animals (FSVP), a key...more

European Commission goes online with final report in e-commerce sector inquiry

by Hogan Lovells on

The final report on the European Commission’s e-commerce sector inquiry was published last week and contains some important observations about how online channels of distribution are transforming consumer goods and digital...more

Australia And China Establish Cybersecurity Agreement

by King & Spalding on

On April 21, 2017, Australia and China forged an agreement to expand their cybersecurity cooperation. This agreement emerged as part of the Australia-China High-Level Security Dialogue held in Sydney. ...more

Yesterday, #WannaCry. Today, #DocuSignPhish

Another day, another data incident. If you use DocuSign, you’ll want to pay attention. The provider of e-signature technology has acknowledged a data breach incident in which an unauthorized third party gained access to...more

Professional Regulatory Alert: If It Looks like a Duck: British Columbia Court of Appeal Rules on Title Use

by Field Law on

Professional regulators are often faced with non-members who use titles similar to those used by regulated members of the profession but not explicitly prohibited by the governing statute. In Organization of Chartered...more

What did the Supreme Court Say? Creditor Claim for Stale Debt in Chapter 13 Case Does Not Violate the FDCPA

by McNair Law Firm, P.A. on

The United States Supreme Court recently held in Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017) that filing a proof of claim that is obviously time-barred in a Chapter 13 debtor’s bankruptcy case is not a violation of...more

Lender's Edge Newsletter

by Polsinelli on

Deeds in Escrow - Deeds in escrow, or “pocket deeds,” have increased in popularity in recent years. But are they the right option in connection with a workout of your distressed loan? Please see full Publication...more

CFPB Settlements: It’s Not Over Until It’s Over

by Foley & Lardner LLP on

On April 26, 2017, the Consumer Financial Protection Bureau (“CFPB”) broke new ground by imposing a fine – in excess of a million dollars – against a consumer financial services company for allegedly violating the terms of...more

The Next CFPB Regulatory Challenge: Small Business Lending

by Clark Hill PLC on

The Consumer Financial Protection Bureau (CFPB or Bureau) has launched a series of initiatives signaling that small business lending will be its next top priority. Under 12 U.S.C. § 5481(12) of the Dodd-Frank Act, the...more

State Data Breach Notification Laws

by Foley & Lardner LLP on

While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more

Shouldn't You Be Using Arbitration Agreements to Reduce the Costs of Litigation and the Risk of Class Action Claims?

by Foley & Lardner LLP on

Businesses across the country regularly bemoan the time and expense of litigation. Even when businesses are successful in defending non-meritorious consumer claims alleging unfair or deceptive practices, false advertising,...more

New Mexico Enacts Data Breach Notification Law

by King & Spalding on

On April 6, 2017, New Mexico became the 48th state to enact a data breach notification law; the Data Breach Notification Act (the “Act”) will go into effect on June 16, 2017. The good news for many in the health care...more

The State AG Report Weekly Update

by Cozen O'Connor on

Charities- Missouri Attorney General Files Lawsuit Against Charity Over Alleged Misuse of Donations- Missouri AG Josh Hawley filed a lawsuit against Missouri charity Gold Star College Kids Foundation and its founder...more

Financial Services Weekly News - May 2017 #2

by Goodwin on

Editor's Note - In this Issue. The House Financial Services Committee passed the Financial CHOICE Act that would make significant changes to the Consumer Financial Protection Bureau; the U.S. Securities and Exchange...more

D.C. Circuit Affirms Decision Enjoining Anthem-Cigna Merger; Will the Supreme Court Weigh In?

UPDATE: On May 11, 2017, the Delaware Chancery court denied Anthem’s motion for preliminary injunction to prevent Cigna from withdrawing from the proposed merger, citing Anthem’s slim chance of success and the adequacy of...more

Take Two: Quebec Introduces Bill 134 to Modernize the Consumer Protection Act

On May 2, 2017, the Quebec government introduced new legislation intended to modernize the Quebec Consumer Protection Act (CPA), as well as provide for new consumer protection measures. The CPA provisions on credit, in...more

TCPA Tracker-May 2017

by Kelley Drye & Warren LLP on

Recent News - Class Action Plaintiffs Seek En Banc Review of D.C. Circuit Fax Advertisement Decision - On April 28, 2017, the class action plaintiff petitioners in Bais Yaakov of Spring Valley et.al. v. FCC (No....more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

A Primer on China’s New Cybersecurity Law: Privacy, Cross-Border Transfer Requirements, and Data Localization

China’s new Cybersecurity Law is one of the most important pieces of privacy and cybersecurity legislation we’ll see this year, and companies of all sizes need to be aware of its requirements – regardless of whether or not...more

Successors by Merger May Not be Debt Collectors

A recent decision from a Louisiana district court should provide some comfort to banks and other financial institutions who acquire other entities by merger – at least in the Fifth Circuit, they are not debt collectors. ...more

Tips to Help a Business Avoid Data Breach Litigation

by Revision Legal on

Little else is as stressful for a company than handling the aftermath of a data breach. Not only does the company have the obligation of making notifications to clients about the data breach, but it may also be confronted by...more

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