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Congressman Proposes Federal Non Disparagement Law

Last Friday, I wrote about a new California law that provides that a contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any...more

Credit Unions Continue to Demand New Data Security Standards for Retailers and Right to Recover Losses After a Breach

On September 3, 2014, following the news of a possible breach at Home Depot (which was confirmed on September 8), the National Association of Federal Credit Unions (NAFCU) called on Congress to enact new legislation to hold...more

CBO issues cost estimates for three House bills to promote greater CFPB transparency and accountability

This past June, the House Committee on Financial Services reported a series of bills intended to promote greater transparency and accountability at the CFPB. The Congressional Budget Office (CBO) recently released cost...more

Cloud Hacking Incidents May Prompt Congress and the Administration to Turn Attention Again to Mobile Privacy Issues

With the recent theft and release of several celebrities’ private photographs (many of which appear to have been taken with, and stored on, mobile devices), mobile privacy and the protection of sensitive data stored or...more

Amendments to California’s security breach notification bill head to governor: key action points for businesses

In what has become almost an annual ritual, California is poised to tweak its security breach notice law. Last year, in language DLA Piper lawyers helped to draft on behalf of the State Privacy & Security Coalition, the...more

House Passes Bill to Fix Privilege Waiver Problem for Nonbanks

A bill (H.R. 5062) recently passed by the House of Representatives would amend the Consumer Financial Protection Act (the CFPA), which is Title X of the Dodd-Frank legislation, to provide protection against waiver of state...more

Senator Crapo raises concerns with Department of Education campus financial product rulemaking

Republican Senator Mike Crapo, Ranking Member of the Senate Committee on Banking, Housing, and Urban Affairs, sent a letter last week to Department of Education (ED) Secretary Arne Duncan to raise several concerns with the...more

Patent Troll Legislation: Oregon State Courts Curb Abuse of Patent Laws by NPEs

Patent trolls, or more politely, Non-Practicing Entities (NPEs), are firms that collect “license” fees on patent rights by threatening lawsuits. Rarely do NPEs make any products, provide any services or operate any systems...more

Food and Beverage News and Trends

Bill aims to impose federal excise tax on sugary drinks. On July 29, Representative Rosa DeLauro (D-CT) introduced a bill that would tax soda and other sugary drinks. The bill, which would levy an excise tax of one...more

Reg A+ Challenged Again

Another letter to the SEC from the Hill challenges the Regulation A+ proposal. This time, the authors question the authority of the SEC in defining “qualified purchaser” as an offeree or purchaser in a Tier 2 Reg A+...more

TCPA Reform Gains Congressional Support

Industry efforts to persuade the Federal Communications Commission (FCC) to clarify its rules under the Telephone Consumer Protection Act (TCPA) recently received support from a group of 15 members of the U.S. House of...more

Republican Committee Leaders Question CFPB On Recess Appointment Activities

On July 29, House Financial Services Committee Chairman Jeb Hensarling (R-TX) and Senate Banking Committee Ranking Member Mike Crapo (R-ID) sent a letter to CFPB Director Richard Cordray questioning the CFPB’s authority to...more

Cordray's House Testimony Signals Areas of CFPB Focus

On June 18, 2014, CFPB Director Richard Cordray appeared before the House Financial Services Committee to testify about his agency's fifth Semi-Annual Report. As in past hearings, Cordray and House Republicans clashed over...more

Members Of Congress Caution Education Department On Aid Disbursement Rulemaking

Over the past week, members of Congress from both parties have sent several letters to the Department of Education (DOE or ED) regarding its ongoing rulemaking related to the ways higher education institutions request,...more

Letter from leading Republicans to Director Cordray questions pre-confirmation actions

Following up on his earlier statement about the impact of the Supreme Court’s decision in NLRB v. Noel Canning on Richard Cordray’s actions taken prior to his July 16, 2013 confirmation by the Senate as CFPB Director,...more

Pin the Blame on the Corporate Officer: Senators Introduce Hide No Harm Act

Three Senate Democrats recently introduced a bill that seeks to hold company executives of a product maker or seller criminally liable for knowingly "failing to inform and warn of serious dangers" associated with a product....more

Capital Thinking: Financial Services

LEGISLATIVE ACTIVITY - GAO expected to release Report on Big Banks - On Thursday, July 31, the Government Accountability Office (GAO) is expected to release a long awaited report on funding advantages of the...more

Capital Thinking: General Legislative

Senate Legislative Activity - The Senate will convene on Monday, July 28, at 2:00 pm. After any leader remarks, the Senate will proceed to Executive Session to resume consideration of Executive Calendar #929—Pamela...more

Senate Confirms Elliot Kaye as Chairman & Joe Mohorovic as Commissioner of the CPSC

Last night, the U.S. Senate confirmed Elliot Kaye as the new CPSC Chairman and Joe Mohorovic as a new Commissioner of the agency. Once Kaye and Mohorovic are officially sworn in this week, the Commission will be fully...more

Congress Putting Microscope on FTC Enforcement

On July 24, 2014, the House Committee on Oversight and Government Reform held a hearing entitled, "The Federal Trade Commission and Its Section 5 Authority: Prosecutor, Judge and Jury." The purpose of the hearing was to...more

Expect a New Chairman and Five Member CPSC Next Week

Yesterday, Senate Majority Leader Harry Reid (D-NV) announced on the Senate Floor (video clip below) that the Senate will consider and vote on the nominations of Elliot Kaye and Joe Mohorovic on Monday, July 28th. President...more

Holder Vows To Continue Operation Choke Point; House Considers Bill To Stop It

Depending on whom you ask, Operation Choke Point has a promising future ahead of it – or will soon be history. The controversial initiative by the Department of Justice (DOJ) is intended to limit certain lenders and...more

House Appropriations Amendments Would Halt CPSC’s Voluntary Recalls Rule; Fund Testing Relief

The House of Representatives is currently considering H.R. 5016, the Financial Services and General Government Appropriations Act of 2015, which provides funding to many different parts of the federal government for the next...more

CPSC Nominees Kaye, Mohorovic, and Adler Sent to Senate Floor for Confirmation Vote

Yesterday, the Senate Commerce, Science, and Transportation Committee approved three pending nominations for the Consumer Product Safety Commission (CPSC). The Committee approved Elliot Kaye as Chairman and Joe Mohorovic and...more

GE food-labelling bill fails in California Senate

Despite the recent passage of a genetically engineered (GE) food-labelling law in Vermont, and similar bills appearing in legislatures in other states, proponents of labelling have again failed to pass such a law in...more

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