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Consumer Protection Updates

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

CFPB’s Fair Lending Report Indicates Increased Focus for 2017 on Servicing and Small Business Lending

For many of us, the mention of fair lending enforcement immediately brings us to the origination side of the industry, specifically conjuring thoughts of redlining and Home Mortgage Disclosure Act (HMDA) data. While these...more

Australian Consumer Law Review

by DLA Piper on

On 19 April 2017 the final report of the Australian Consumer Law Review, conducted by Consumer Affairs Australia and New Zealand, was publically released. The review was initiated in mid-2015, and involved a broad ranging...more

Advertising Law - April 2017 #3

Amazon, FTC Reach Deal Over In-App Charges - Amazon and the Federal Trade Commission have agreed to drop their appeals in a lawsuit accusing the online retailer of billing consumers for unauthorized in-app charges incurred...more

Medical Supply Company Hit with Class Action TCPA Fax Lawsuit

by Klein Moynihan Turco LLP on

A class action fax lawsuit has been filed against a medical supply company in the federal district court for the Southern District of Illinois. The plaintiff seeks to represent a nationwide class of persons and entities who...more

Lawmakers Push FCC To Confront Cell Phone Cyber Threats

by King & Spalding on

In a letter dated March 28, 2017, Senator Ron Wyden, D-Ore., and Representative Ted Lieu, D-Calif., urged the Federal Communications Commission (“FCC”) to address cybersecurity vulnerabilities in the cell phone industry,...more

Uncertainty Abounds for Food Labeling Rules

In the next year, a number of pending FDA and USDA regulatory proposals threaten to upend the food manufacturing environment and may result in food and beverage companies being forced to change their labels (and possibly...more

CFPB proposes revisions to HMDA final rule

by Ballard Spahr LLP on

On April 13, 2017, the CFPB proposed substantive changes and technical corrections to the 2015 Home Mortgage Disclosure Act (HMDA) Final Rule (Final Rule) amending Regulation C. The proposal, which is discussed in more...more

Announcement of new reporting tool for money service businesses by state regulators highlights fintech companies

by Ballard Spahr LLP on

The Conference of State Bank Supervisors issued a press release this week in which it announced the April 1 release of a new tool within the Nationwide Multistate Licensing System (NMLS) to streamline reporting by money...more

House to hold April 26 hearing on revised Financial CHOICE Act

by Ballard Spahr LLP on

The House Financial Services Committee announced that it will hold a hearing on April 26, 2017 to discuss the Financial CHOICE Act.  It also released a discussion draft of a revised version of the bill....more

Weltman takes on the CFPB's Stance on Meaningful Involvement

This week the CFPB filed suit in the Northern District of Ohio against Weltman, Weinberg & Reis, an Ohio law firm. The complaint is a continuation of the CFPB’s attack on collection law firms and their level of meaningful...more

CPSC Recall Snapshot: April 2017

by Alston & Bird on

Welcome to the April edition of the Alston & Bird CPSC Recall Snapshot. In March, the CPSC approved a new federal standard for infant bathtubs. The CPSC stated that the new standard, which incorporates the most ...more

FTC announces streamlining initiatives

by Ballard Spahr LLP on

The FTC issued a press release earlier this week in which it stated that it is “moving aggressively to implement Presidential directives aimed at eliminating wasteful, unnecessary regulations and processes.” ...more

Entering the FDCPA Safe Harbor Just Got More Difficult in the Second Circuit

by Seyfarth Shaw LLP on

The Second Circuit’s recent opinion in Carlin v. Davidson Fink LLP, No. 15-3105-cv (2d Cir. Mar. 29, 2017), has important ramifications for the debt collection industry....more

Privacy Tip #83 – “Alexa, Disconnect Yourself from the Internet Now!” BrickerBot Malware Attacking IoT

We often talk about how anything that is connected to the Internet is hackable and unsafe, and to be careful about how you buy and connect devices, products, appliances, home security systems and other wireless “things.”...more

11th Circuit Clarifies FDCPA/FCCPA Issues Re Periodic Mortgage Statements After Bankruptcy

by Burr & Forman on

In Helman v. Bank of America, 15-13672, 2017 WL 1350728 (11th Cir. April 12, 2017) the Eleventh Circuit Court of Appeal clarified important issues regarding the use of periodic mortgage statements after a bankruptcy...more

Federal Class Action Lawsuit Highlights Importance of Sweepstakes Lawyer

by Klein Moynihan Turco LLP on

Last month, a federal district court in Detroit refused to dismiss a putative class action lawsuit filed against Dunham’s Athleisure Corporation (“Dunham’s”) concerning the regional sporting goods retailer’s sweepstakes...more

There Is More To Come In Europe: The Draft Of The ePrivacy Regulation

by King & Spalding on

In January 2017, the European Commission (the “EC”) published its proposal for a new ePrivacy Regulation (the “ePrivacy Proposal”), which will replace the ePrivacy Directive of 2002 (2002/58/EC) and the Cookie Directives of...more

CFPB adopts changes to ex parte policy

by Ballard Spahr LLP on

The CFPB has adopted changes to its “Policy on Ex Parte Presentations in Rulemaking Proceedings,” which generally requires anyone who communicates with the CFPB about a pending rulemaking to submit a written copy of the...more

CFPB identifies 2017 priorities in annual fair lending report

by Ballard Spahr LLP on

In its new annual report covering its fair lending activities during 2016, the CFPB identifies the following three areas on which it “will increase our focus” in 2017...more

UK Regulator Consults on Persistent Debt and Earlier Intervention Remedies as Part of Credit Card Market Study

by Shearman & Sterling LLP on

The Financial Conduct Authority has published a consultation paper on persistent credit card debt and earlier intervention remedies. The remedies and interventions outlined in the consultation paper form part of the overall...more

The State AG Report Weekly Update

by Cozen O'Connor on

Charities- California Attorney General Sues Veterans Charities for Alleged Misuse of Funds- California AG Xavier Becerra filed a lawsuit against charity organizations Warriors Support Group and Central Coast Equine...more

D.C. Circuit Strikes Down FCC Opt-Out Notice Requirement for “Solicited” Fax Ads

Takeaway: The D.C. Circuit recently dismantled a claim commonly asserted under the TCPA’s Junk Fax Prevention Act of 2005, by rejecting the FCC’s rule that fax advertisers violate the TCPA by not including compliant “opt-out”...more

TCPA Connect - April 2017

FCC Combats Spoofed Robocalls - As part of an initiative that would enable voice service providers to better protect subscribers from illegal and fraudulent robocalls, the Federal Communications Commission has released a...more

Cybersecurity Bill Aims to Patch Holes in Main Street

by Morgan Lewis on

The US Senate Commerce Committee recently advanced a bill, titled the MAIN STREET Cybersecurity Act of 2017 (the Bill), under which the National Institute of Standards and Technology (NIST) would disseminate “clear and...more

Be Compromise Ready: Go Back to the Basics

by BakerHostetler on

We are excited to release our third annual BakerHostetler Data Security Incident Response Report. This report analyzes the more than 450 data security incidents we led clients through in 2016. Companies continued to...more

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