News & Analysis as of

Consumer Protection Updates

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

Ninth Circuit Rules on Spokeo Remand

by Selman Breitman LLP on

On August 15, 2017, the Ninth Circuit ruled that a litigant who accused Spokeo of violating the Fair Credit Reporting Act by allegedly reporting inaccurate information about him had claimed a sufficiently concrete injury to...more

Financial Services Weekly News - August 2017 #3

by Goodwin on

Editor's Note - In This Issue. The Department of Labor (DOL) filed a Notice of Administrative Action seeking to delay the Fiduciary Rule until July 2019; federal banking agencies issued guidance on the capital treatment of...more

Cyber Claims in Mexico: A Reactionary Evolution of an Insurance Sector

by Zelle LLP on

In the wake of numerous cross-border, well-publicized cyber-attacks, cyber-insurance has quickly become a hot issue. This area has also become a trending topic because of the abrupt and quick need for response in a generally...more

Divided NLRB Rules Employer Policy Protecting Customer Information Is Lawful

Employers can prohibit the use by employees of the names, social security numbers and credit card numbers of customers in furtherance of organizational activities. If this seems like it should have been a foregone conclusion,...more

SEC Issues Risk Alert To Improve Cybersecurity Readiness

by King & Spalding on

On August 7, 2017, the U.S. Securities and Exchange Commission (“SEC”) published a risk alert directed to the financial advisory industry, identifying cybersecurity vulnerabilities that could make the industry’s networks...more

Eleventh Circuit Doesn’t Waffle on Enforceability of Arbitration Agreement

by Carlton Fields on

The Eleventh Circuit Court of Appeal found that an arbitration agreement entered into by a putative class representative and his eventual employer was enforceable even though the agreement was signed after the plaintiff filed...more

Alleged FCRA Violation Sufficiently Concrete for Article III Standing, Ninth Circuit Holds in Spokeo II

by Ballard Spahr LLP on

On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit has held in Spokeo v. Robins that an alleged Fair Credit Reporting Act (FCRA) violation was sufficiently concrete to support Article III...more

Third Circuit Steps Back from the Brink of a Circuit Split over “Ascertainability”

by Kelley Drye & Warren LLP on

Yesterday, a panel of the Third Circuit Court of Appeals took another step back from a circuit split over the extent to which aspiring class plaintiffs must show a “reliable and administratively feasible means of determining...more

Five state regulators enter into settlement agreement with debt collectors for alleged federal and state law violations

by Ballard Spahr LLP on

Regulators from the states of Connecticut, Idaho, Massachusetts, Minnesota and North Dakota (“Participating States”) have entered into a settlement agreement with three affiliated debt collection companies to settle...more

Spokeo: On Remand From The U.S. Supreme Court, The Ninth Circuit Finds Plaintiff Has Standing, Again

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following remand from the U.S. Supreme Court, the Ninth Circuit found that the plaintiff suing Spokeo, Inc. under the Fair Credit Reporting Act alleged sufficient injury to establish standing to proceed in...more

FDA Clarifies Relationship Between Juice HACCP and the Preventive Controls Rules, Announces FSMA Enforcement Delays

by Faegre Baker Daniels on

August has been an active month for the Food and Drug Administration (FDA), as the agency released guidance affecting juice processors and importers, announced enforcement delays for Food Safety Modernization Act (FSMA)...more

Putative Class Complains that Annie’s “Strawberry Fruit Snacks” Lack Strawberries

On August 1, 2017, plaintiff Raymond Alvandi filed a putative class action in California federal court against Annie’s, Inc., seeking damages and injunctive and declaratory relief. Alvandi alleges that Annie’s misrepresented...more

Ninth Circuit Revisits Article III Standing For An Alleged FCRA Violation

by Littler on

On August 15, 2017, the U.S. Court of Appeals for the Ninth Circuit issued another opinion in the saga of Robins v. Spokeo, Inc.—a case dealing with the question of what violations of a federal statute are sufficient to...more

CFPB warns consumers about debt relief/settlement companies

by Ballard Spahr LLP on

Last week, the CFPB published a blog post with tips for consumers facing a cash flow emergency. We were glad to see that the blog post included a warning to consumers about debt relief or settlement companies. ...more

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

by Buchalter on

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

California Department of Business Oversight wins award for process improvements

by Ballard Spahr LLP on

On July 28, 2017, California Governor Jerry Brown’s Office of Business and Economic Development recognized the California Department of Business Oversight for a successful Lean Six Sigma project that dramatically reduced the...more

The FTC and Industry Propose Best Practices for IoT Security Updates

by Hogan Lovells on

How do you ensure that an Internet-connected sensor or device—often inexpensive and designed for lifespans of up to 20 years or more—can be secured against not only the intrusions of today but also those of the future? This...more

More speculation about Director Cordray’s resignation

by Ballard Spahr LLP on

On July 20, we reported that Director Cordray is scheduled to give a speech at the September 4 Cincinnati AFL-CIO Labor Day picnic.  Assuming the speculation that Director Cordray plans to run for Ohio governor is accurate,...more

Governors of 38 States Join a Cybersecurity Compact

by Wilson Elser on

On July 16, 2016, the chair of the National Governors Association (NGA), Governor Terry McAuliffe (D-VA), unveiled his 2016-2017 initiative, Meet the Threat: States Confront the Cyber Challenge. Over the past year, the...more

OCIE Provides Insight into Issues Identified in Recent Cybersecurity Sweep

by Morrison & Foerster LLP on

The National Exam Program of the SEC’s Office of Compliance Inspections and Examinations (OCIE) recently published its observations from the second generation of its Cybersecurity Initiative. It reported overall improvement...more

New Favorable Risperdal Decisions

by Reed Smith on

Risperdal, an antipsychotic drug prescribed to treat serious mental conditions – schizophrenia, manic depression, and autism – allegedly causes some male users to develop abnormal breast tissue growth. Particularly when...more

DOE Imposes Data Security Requirements on Colleges and Universities

Do you have a written data security program in place to meet federal requirements? In the last year, the Department of Education (DOE) released guidance in the form of a “Dear Colleague” letter emphasizing the importance...more

European Parliament Committee Publishes Study on the Legal Implications of Brexit

On August 9, 2017, a policy department of the European Parliament (“EP“) published a Study requested by the EP’s Committee on Internal Market and Consumer Protection (“IMCP“) on the “Legal Implications of Brexit: Customs...more

SEC Observations from Recent Cybersecurity Examinations Identify Best Practices

by Morgan Lewis on

The SEC continues to focus on cybersecurity as an area of concern within the investment management industry....more

You Should Know - August 2017

We‘re Proud to Join the Nation‘s Soldiers for Justice - There are a lot of extraordinary people and organizations dedicated to protecting the safety and legal rights of Americans. Of course our brave clients who decide to...more

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