On August 31, 2022, Plaintiff Melanie E. Damian, in her capacity as the Court-Appointed Receiver for Today’s Growth Consultant, Inc. d/b/a The Income Store (“TGC”) (the “Receiver”) filed a complaint against Defendant Core...more
On May 27, 2022, Plaintiff Melanie E. Damian, in her capacity as the Court-Appointed Receiver for Today’s Growth Consultant, Inc. d/b/a The Income Store (“TGC”) (the “Receiver”) filed a complaint against Defendant...more
Securities Exchange Commission v. David J. Bunevacz et al. was filed in the United States District Court for the Central District of California on April 5, 2022, seeking an injunctive relief, disgorgement, and civil...more
Backed by unrealistically ambitious owners, well-intentioned business ideas that fail to meet expectations or become unsustainable regrettably often become full-fledged Ponzi schemes. Today’s Growth Consultant, Inc. (“TGC”)...more
On June 14, 2021, the Board of the newly-formed California Privacy Protection Agency (“CPPA”) held its first public meeting. The Board had an extensive agenda, covering topics such as the laws affecting the Board and CPPA,...more
Almost exactly a year ago, the first COVID-19 tuition reimbursement lawsuits were filed against higher education institutions across the United States and we warned of the continued onslaught of such litigation. With the...more
As we discussed in Part I, the United States does not have a single, comprehensive federal law governing biometric data. However, we have recently seen an increasing number of states focusing on this issue. Part I...more
Data privacy laws have made significant breakthroughs in recent years, making it a top priority for businesses. From the adoption of the European Union’s General Data Protection Regulation (GDPR) in 2016 to the enactment of...more
In an earlier article, we provided an overview of the Consumer Financial Protection Bureau’s (“CFPB”) earned wage access (“EWA”) advisory opinion. In the opinion, the CFPB identified seven requirements that for a “Covered...more
The Consumer Financial Protection Bureau (“CFPB”) announced in March 2020 that it would develop a new advisory opinion program under which it would publish in the Federal Register responses to questions seeking clarification...more
The Consumer Financial Protection Bureau (“CFPB”) announced in March 2020 that it would develop a new advisory opinion program under which it would publish in the Federal Register responses to questions seeking clarification...more
On November 9, 2020 the FTC entered into a consent agreement with Zoom Video Communications, Inc. to address concerns over the videoconferencing platform’s security practices. With the onset of the COVID-19 pandemic, the need...more
12/2/2020
/ Consent Agreements ,
Consent Order ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Encryption ,
Federal Trade Commission (FTC) ,
Misrepresentation ,
Popular ,
Settlement ,
Videoconference ,
Zoom®
On October 13. 2020, White Castle System, Inc. petitioned the United States Court of Appeals for the Seventh Circuit for permission to seek an interlocutory appeal pursuant to 28 U.S.C. § 1292(b). This petition arises out of...more
Does your phone immediately unlock for use after you glance at it? Have you visited your favorite social media platform only to find that you have been tagged in dozens of pictures? Or how about that time you scanned your...more
For those who haven’t previously been following, this is our third installment on COVID-19 class actions. The first installment was prospective and authored prior to any filed class actions. The second installment examined...more
The global coronavirus pandemic continues on, and the cyberattacks and scams continue to multiply. In the midst of the pandemic, hackers are capitalizing on fears surrounding the outbreak by crafting COVID-19-themed attacks...more
COVID-19 is delaying just about everything these days—except the CCPA.
In letters submitted on March 17 and March 20, a coalition of nearly sixty business and organizations called on California Attorney General Xavier...more
3/30/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State Attorneys General
In the midst of the coronavirus pandemic, hackers are capitalizing on fears surrounding the outbreak by crafting COVID-19-themed attacks aimed to infect computers with malware or obtain sensitive, personal information....more
On March 18, 2020, Square Inc., became the first U.S. fintech company to receive conditional approval of an Industrial Loan Company (“ILC”) charter from the Federal Deposit Insurance Corporation (“FDIC”), to pair with its...more
In Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), the Supreme Court held that Article III requires plaintiffs to establish a “concrete and particularized” injury-in-fact, “even in the context of a statutory violation.” ...more
In less than one month, the California Consumer Privacy Act of 2018 (CCPA) will go into effect and begin a new era of data breach litigation. While the California Attorney General is charged with generally enforcing the...more
12/10/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Privacy Laws ,
Private Right of Action
This week, the California Attorney General held public hearings on the draft California Consumer Privacy Act (CCPA) regulations it issued in October. We attended the hearings in both Los Angeles and San Francisco. One clear...more
12/6/2019
/ Attorney General ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Privacy Laws ,
Proposed Regulation
TCPA class actions based on the receipt of unsolicited text messages have grown more common in recent years. However, the Eleventh Circuit’s decision in Salcedo v. Hanna, may upend that trend by holding that a single...more
Sometimes settlement with a putative class of nationwide consumers is the best option for resolution. However, since the initial ruling of the Ninth Circuit in In re Hyundai & Kia Fuel Econ. Litig., the mechanism to go about...more
On September 30, 2018, California enacted the nation’s first small business truth-in-lending law when Governor Jerry Brown signed into law SB 1235. The law aims to protect small businesses from predatory lending practices by...more