Consumer Protection Updates

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V2V Communications: Motor Vehicle Safety Guidelines

NHTSA believes vehicle-to-vehicle (V2V) communications will serve as a complementary necessity to fully realizing the safety benefits of automated vehicle technologies. As such, establishing safety guidelines around this...more

TCPA Connect - March 2017

Defendant’s Calling System Ruled Not an Autodialer - A Telephone Consumer Protection Act defendant successfully persuaded a Michigan federal court judge that its calling system was not an automated dialing system because...more

United States Seeks 'At Will' Removal of CFPB Director

Trump's Preferred Method of Scaling Back Consumer Financial Regulation is Appointment of New CFPB Director - As expected, the United States on Friday filed an amicus brief in PHH Corp. et al. v. Consumer Financial...more

Court Finds CFPB Case Against Payment Processor Lacking

On March 17, 2017 the United States District Court for the District of North Dakota granted the motion of Intercept Corporation (“Intercept”) and its senior executives to dismiss the complaint filed almost a year ago by the...more

EU Commissioner - President Trump Set To Discuss Future Of Privacy Shield Accord

European Union (“EU”) Commissioner Vera Jourová will meet with U.S. President Donald Trump this month to discuss the future of the EU-U.S. Privacy Shield (“Privacy Shield”) accord which imposes obligations on U.S. companies...more

Market Solutions, Volume 26, No. 1

Sanctions: Will the Trump Administration Stay the Course? President Trump made many statements during the campaign regarding actions he plans to take to reverse Obama administration sanctions policies. These included...more

More Broken Privacy Promises from Upromise: Key Takeaways From Upromise’s Latest Settlement with the FTC

“Don’t make promises that you don’t intend to keep” is an admonishment received by every child and delivered by every parent. This pithy maxim is equally applicable to consent orders entered into with regulatory authorities....more

Marijuana and Privacy: A Primer

Legal marijuana is America’s fastest-growing industry. According to ArcView Market Research, cannabis revenue is expected to exceed $22 billion by 2020—nearly double that of the NFL. This past year, Colorado saw its sales...more

How the General Data Protection Regulation Will Apply to and Affect the UK

The GDPR will apply to the UK when it is effective on May 25, 2018, but the government will need to adopt domestic data privacy legislation upon the UK’s pending exit from the EU....more

CPSC to Consider New Magnet Set Safety Standards Following 10th Circuit Decision in Zen Magnets

We have entered the next chapter in the ongoing saga of the Consumer Product Safety Commission’s (“CPSC”) regulation of high-powered, small, rare earth magnet sets (“SREMS”). On March 1, 2017, CPSC met and unanimously...more

Warning: Lawyers May Be Hazardous To Your Health

Most of the cases we defend involve claims of inadequate warnings. What makes a warning inadequate? Falsehood is the first thing that comes to mind. But the Pontius Pilate question of “What is truth?” continues to vex. We...more

Third Circuit: On-Campus Residency Requirements Protected By State-Action Immunity Doctrine

In a recent decision, the Third Circuit held that a public university and its non-profit partner were immune from antitrust liability after the university enacted a student residency policy that benefitted on-campus...more

Nationstar Mortgage to Pay $1.75 Million Penalty for HMDA Violations

On March 15, 2017, the Consumer Financial Protection Bureau (“CFPB“) ordered Nationstar Mortgage LLC (“Nationstar“) to pay a $1.75 million civil penalty for violating the Home Mortgage Disclosure Act (“HMDA“) by consistently...more

Privacy Perils: Data Collection from Connected Devices

While the WikiLeaks CIA dump makes for interesting reading about our nation's capability to hack certain connected devices, it does not mean we are all being spied on while waiting for a microwave burrito. However, fanciful...more

Food and Beverage News and Trends - March 2017 #2

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. FDA holds public meeting on redefining "healthy" claims in food labeling....more

More on Comptroller Curry’s remarks at LendIt USA conference

In a recent blog post, Alan Kaplinsky and Scott Pearson wrote about the remarks made by CFPB Director Richard Cordray and Comptroller of the Currency Thomas Curry at the LendIt USA conference in New York City earlier this...more

Bipartisan State Cyber Resiliency Act Will Help Local Governments Defend Against And Recover From Cyber Attacks

On March 2, 2017 lawmakers in both the U.S. Senate and U.S. House of Representatives introduced the State Cyber Resiliency Act, which would give state, local, and tribal governments grants to boost cybersecurity protections. ...more

CFPB launches assessment of remittance rule

The CFPB has issued a notice regarding its plans to conduct an assessment of its remittance transfer rule which became effective on October 28, 2013. The assessment is being conducted under Section 1022(d) of the...more

Implications of EU Ingredient Labeling Proposal for US Suppliers

On March 13, the European Commission approved a report that calls on members of the alcohol beverage industry to develop a comprehensive self-regulatory system of ingredient and nutritional labeling for beer, wine, and...more

FDA’s Public Meeting on the Use of the Term “Healthy” in the Labeling of Human Food Products – A Summary of Key Points

On March 9, 2017, the Food and Drug Administration (FDA or Agency) held a public meeting in Rockville, MD, which FDA officials described as a way to engage in a dialog with the public and regulated industry and allow for...more

Consumer Lending Industry Targeted by the Alabama Legislature

Last month, a group of 45 members of Alabama’s House of Representatives introduced a proposed amendment to the Alabama Constitution that would cap the interest rate a lender may charge an individual on a “consumer loan, line...more

CPSC Recall Snapshot: March 2017

Welcome to the March edition of the Alston & Bird CPSC Recall Snapshot. This past month, Republican Commissioner Ann Marie Buerkle was named acting chairman of the CPSC. Buerkle was confirmed as a...more

Justice Department Tells Court CFPB is Unconstitutional

The Department of Justice has filed an amicus brief in the case of PHH Corp. v. Consumer Financial Protection Bureau pending before the United States Court of Appeals for the District of Columbia Circuit and is scheduled for...more

EU antitrust enforcement 2.0 – European Commission raises concerns about algorithms and encourages individual whistleblowers

The European Competition Commissioner Margrethe Vestager has emphasised two important developments for EU antitrust enforcement, which have emerged from technological advancements: The Commission is taking proactive...more

Consumer Financial Services Newsletter - March 2017

A Flawed Class Definition – Court Grants Defendant's Motion to Strike Consumer's Proposed Class - Cholly v. The Uptain Group., et al, 1:15-cv-05030 - In Cholly v. The Uptain Group Inc., et al, the defendant debt...more

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