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Overdraft Protection Developments: Citing New Study, CFPB Issues Prototype Overdraft Disclosures

by Faegre Baker Daniels on

On August 4, 2017, the Consumer Financial Protection Bureau (CFPB) unveiled four prototype overdraft disclosure forms currently being tested to replace the existing model form. The CFPB developed the prototype forms based on...more

CFPB Unveils Disclosure Forms in Response to Overutilization of Overdraft Fees

by BakerHostetler on

On Aug. 4, the Consumer Financial Protection Bureau (CFPB) released the results of its study into frequent overdrafters and four overdraft disclosure model forms as part of its Know Before You Owe initiative. The CFPB...more

TCPA Survives Strict Scrutiny—Again. Here’s Why It Shouldn’t

by Dorsey & Whitney LLP on

Strict scrutiny just isn’t what it used to be. For the third time, a district court has applied strict scrutiny in analyzing the Telephone Consumer Protection Act (“TCPA”) and found that the statute restricts no more speech...more

Tribal Tax Parity Legislation Gains Ground in Congress

by Holland & Knight LLP on

In the past month, members of Congress have introduced two important bills that promote parity for tribal governments and their tribal council members. The Tribal Social Security Fairness Act would allow tribal...more

New EU e-Privacy Regulation: European Parliament Committee Publishes Draft Report

The EU Parliament Committee in charge of reviewing the EU Commission's Proposal for an e-Privacy Regulation (Proposal) released a Draft Report proposing amendments this week....more

BROWSER Act Aims to Replace Invalidated FCC Privacy Rules

by Morgan Lewis on

US Representative Marsha Blackburn (R-Tenn.) recently introduced the Balancing the Rights of Web Surfers Equally and Responsibly (BROWSER) Act (the Bill), under which the Federal Trade Commission (FTC) would regain...more

Court Grounds O’Hare Janitors’ Collective Action For Off-the-Clock Work

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal district court last week decertified and effectively grounded a collective action of O’Hare Airport janitorial staff who claimed that their employer forced them to work off-the-clock without...more

Proposed BROWSER Act Would Require ISPs and Edge Service Providers to Give Users Opt-in and Opt-out Rights for the Use and...

by WilmerHale on

On May 18, 2017, Martha Blackburn (R-TN), Chairman of the House Committee on Energy and Commerce’s Subcommittee on Communications and Technology, introduced H.R. 2520, the Balancing the Rights of Web Surfers Equality and...more

Federal Circuit Rules that Starr International Lacks Standing to Pursue Class Claims Stemming from the U.S. Government’s...

On May 9, 2017, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed in part and reversed in part an earlier decision from the U.S. Court of Federal Claims, which had held that aspects of the...more

Automatic opt-in expires under Hong Kong Arbitration Ordinance

by Hogan Lovells on

The automatic opt-in applicable to domestic arbitration provisions under the Arbitration Ordinance (Cap. 609) is set to expire on 1 June 2017. ...more

EU regulators welcome stricter rules on cookies and direct marketing

by White & Case LLP on

The European Commission has published a draft Regulation regarding cookies and electronic direct marketing. EU regulators have publicly welcomed the proposal, which has potentially significant consequences for all businesses...more

Broadband Internet Service Providers no Longer Subject to FCC Privacy Rules Preventing them from Selling Private Consumer...

by Nossaman LLP on

Both the House (215-205) and Senate (50-48) have voted to revoke the Federal Communication Commission’s (FCC) broadband privacy rules which would have forced broadband Internet Service Providers (ISPs), such as Verizon,...more

Congress Invalidates New FCC Privacy and Data Security Rules

by Morgan Lewis on

Following actions by the Federal Communications Commission (FCC) to suspend the effective date of the FCC’s data security rules, the US Congress—pursuant to the Congressional Review Act—passed a resolution to block the...more

Financial Services Report - Spring 2017

by Morrison & Foerster LLP on

EDITOR’S NOTE - In like a lion, out like a lamb—it works for weather; does it work for new administrations? We’ll have to wait and see. We’ll have to wait and see about the length of CFPB Director Richard Cordray’s...more

Federal Court of Australia Approves a Common Fund Class Action Model for the First Time – No Opt-In Required

As discussed in this space before, Australia is quickly becoming a key venue for securities class action litigation. With the release of its decision in Money Max Int. Pty. Ltd. (Trustee) v. QBE Insurance Group Limited, the...more

Ajit Pai and the FCC’s Role in ISP Privacy Regulation under President Trump

On January 23, 2017, President Donald Trump named Ajit Pai as Chairman of the Federal Communications Commission (FCC). In his previous role as the senior Republican on the FCC under President Barack Obama, Mr. Pai was an...more

CFPB Sues Bank Over Overdraft Sales Pitch

The CFPB’s concern with incentives and overdrafts continues and has resulted in a lawsuit filed against a Minnesota based TCF National Bank. In the lawsuit, the CFPB alleges that TCF National Bank violated the UDAAP...more

The FCC Creates Privacy, Data Protection, and Data Breach Rules for Internet Service Providers

by Ward and Smith, P.A. on

The Federal Communications Commission is venturing into new areas of privacy regulation. By a narrow vote, the FCC has approved new rules that govern how internet service providers ("ISPs") use consumers' information. ...more

The Clock Has Started: What ISPs Need to Do and When to Comply with the FCC’s Broadband Privacy Rules

On December 2, 2016, the Federal Communications Commission (“FCC”) published its Report and Order entitled “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” (the “Order”) as a final rule...more

Opt Ins are Out (of Luck) Appealing Decertification

by Seyfarth Shaw LLP on

With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of...more

[Webinar] The FCC Privacy Rules: What You Need to Know - Nov. 29th and Dec. 6th, 1:00pm Eastern

by Davis Wright Tremaine LLP on

Following the approval of the FCC’s new privacy rules on October 27, ISPs need to address a number of issues, including opt-ins and opt-outs as well as information security programs. To help you prepare, the DWT team has...more

New FCC Privacy Rules for Broadband and Voice Providers

In an order issued November 2, 2016, the Federal Communications Commission for the first time imposed privacy requirements on providers of broadband internet access services (“BIAS”). The much-anticipated order was an...more

FCC Adopts Privacy Regulations for Broadband Internet Service Providers

by White & Case LLP on

On October 27, 2016 the FCC announced its adoption of an Order establishing a set of privacy regulations ("Broadband Privacy Rules") governing the use of consumer personal information by Broadband Internet Service Providers...more

FCC Approves Consumer Privacy Rules For Broadband ISPs

by King & Spalding on

On October 27, 2016, the U.S. Federal Communications Commission (“FCC”), in a 3-2 vote along party lines, adopted new privacy rules for broadband providers aimed at protecting the privacy of consumers. FCC Chairman Tom...more

FCC Issues New Privacy Regulations for Broadband Providers

by Latham & Watkins LLP on

Today, the US Federal Communications Commission (FCC) approved far-reaching new information privacy rules that will govern how providers of broadband Internet access service collect, use, protect, and share data from their...more

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