Consumer Protection Criminal Law

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Mind the Red Flags – FinCEN Issues Penalty for Failure to File SARs on Director’s Suspicious Activity

The U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) recently penalized First National Community Bank (FNCB) $1.5 million for failing to file suspicious activity reports (SARs) despite the existence of...more

UK: Secondary ticketing market to become more transparent

The UK Government has agreed to an amendment to the Consumer Rights Bill which will make the secondary ticketing market more transparent and help to protect secondary ticket buyers against fraud....more

Belgium: eStrategy games attracting Belgium’s Gaming’s Commission attention

Belgian media recently reported the story of a minor having lost large sums of money by playing a strategy game on his iPad. It concerned a strategy game with the aim of building a medieval city and an army, for which...more

DOJ Continues to Set Records with Antitrust Enforcement in 2014

The Department of Justice’s Antitrust Division (DOJ) recently reported its criminal prosecution of companies and individuals engaged in cartel, price-fixing or bid-rigging behavior resulted in $1.861 billion in criminal...more

Connected cars are privacy and security threats?

The recent report from the US Senator Ed Markey raises issues on the future of connected cars because of the privacy issues and the potential cybercrimes that might affect the security of vehicles.  ...more

FTC obtains $9.5 million judgment against fraudulent sweepstakes operators

On February 11, 2015 the Federal Trade Commission announced that it had accepted a $9.5 million settlement in a case brought against a sweepstakes operator for violating a previous FTC order. The settlement also permanently...more

Two Criminal Investment Fund Fraud Actions

Despite massive publicity and numerous cases by enforcement authorities, investment fund fraud actions continue to be a staple of the SEC, CFTC and the DOJ. In case after case investors are convinced to part with their hard...more

Cartels - U.S. Chapter

The United States remains a leader in cartel enforcement, in part given its long tradition of prosecuting cartel conduct both criminally and civilly. Indeed, “the United States remains the only jurisdiction that has...more

Bridging the Week - February 2015

CFTC Commissioner Laments Flawed US Swaps Trading Model - J. Christopher Giancarlo, the newest commissioner of the Commodity Futures Trading Commission, published a white paper that severely criticized the Commission’s...more

Cybersecurity Risks Are Higher than Ever and Are Proving Costly

Cybersecurity is an increasing concern for companies. Last April, the UK Department for Business, Innovation & Skills (BIS) published the 2014 information security breaches survey: technical report. The report comprises the...more

FBI Director James Comey To The Private Sector: “You need protection. You need guidance. I need information.”

FBI Director Comey delivered a keynote speech at the annual International Conference on Cyber Security this past Wednesday at Fordham University. In his speech, Director Comey discussed a number of organizational changes over...more

What’s on the Horizon in the Golden State?

As we near the turn of the year into 2015, organizations should keep an eye on laws taking effect on the West Coast. This year, the crop of new privacy statutes includes a few without precedent anywhere in the country. The...more

CFPB Reaches Settlement Agreement with Debt Relief Company and Law Firm

Last Thursday, December 4, 2014, the Consumer Financial Protection Bureau (CFPB) reached a settlement agreement with Premier Consulting Group LLC and the Law Office of Michael Lupoloverrequiring the defendants to pay a fine...more

Hong Kong's first prison sentence under the Personal Data (Privacy) Ordinance

The Hong Kong Privacy Commissioner for Personal Data (PCPD) announced last week that a former insurance agent has received a prison sentence in respect of offences under the Personal Data (Privacy) Ordinance (the Ordinance)....more

DOJ Announces New Cybersecurity Unit in the Criminal Division

To address cyber threats on multiple fronts, the DOJ is creating a new Cybersecurity Unit with the goal of having both a robust enforcement strategy as well as a broad prevention strategy....more

State AGs Looking to Crack Down on Telemarketers Press FCC and FTC

A majority of the nation’s state and territorial Attorneys General have collectively urged the Federal Communications Commission and Federal Trade Commission to revisit rules and policies in ways that would help law...more

Status Updates - December 2014

Yik Yak arrests. For several months now we at Socially Aware have been writing about how college students have been using the purportedly anonymous messaging app Yik Yak to communicate deeply offensive remarks and threats of...more

Another Blow to Call Recording Class Actions

Back in February, the California Court of Appeal in Hataishi v. First American Home Buyers Protection Corp., 223 Cal. App. 4th 1454 (Feb. 21, 2014), dealt a significant blow to call recording class actions across California. ...more

DOJ Announces Arrests and Charges Against Debt Collection Company

On November 19, the DOJ issued a press release announcing charges against six employees of a Georgia-based debt collection company for allegedly running a $4.1 million dollar debt collection scam. According to the press...more

CFPB’s first criminal referral ends in 9-year sentence

The CFPB’s first publicly announced criminal referral has resulted in a nine-year sentence for the principal of a debt settlement company, who pled guilty to several of the charges. The referral, which was made to the U.S....more

Privacy Monday (on Tuesday….) November 2014

Sometimes the day just gets away from you ….. Here are three privacy & security things you should know for your week: 1. FTC Cites TRUSTe With Misrepresenting Practices – Fines $200,000 Apparently TRUSTe...more

Fraudsters Rising: IRS Impersonators Flooding the Phone Lines

There seems to be an uptick in phone calls from people claiming to be from the Internal Revenue Service, telling potential victims they owe back taxes and demanding immediate payment. They threaten lawsuits (or worse) unless...more

Food and Hospitality Bites - Autumn 2014

IN THIS ISSUE: - Allergen labelling – the new requirements - Licensing and deregulation - Late Night Levy – Update - The new Tobacco Products Directive - The Horsemeat Scandal - The Alcohol Misuse Manifesto...more

New Ohio Law Requires Nursing Homes that Admit Sex Offenders to Notify Home Residents

Before September 15, 2014, a loophole in Ohio’s sex offender registration and notification laws allowed for sex offenders to live in nursing homes without the knowledge of the home’s other residents. The law required the...more

Guilty Convictions in Salmonella Trial May Signify Landmark in Criminal Food-Safety Prosecutions

This space has thoroughly explored the various forms of civil liability food companies face for the mislabeling and/or deceptive marketing of their products. Last week, a set of landmark convictions in a criminal food-safety...more

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