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Recent Wisconsin Supreme Court Decision Clarifies Parameters for Self-Help Repossessions

Key points: •The Wisconsin Supreme Court’s recent decision in Duncan v. Asset Recovery Specialists, 2022 WI 1, provides a clarifying interpretation of provisions of the Wisconsin Consumer Act (WCA) relating to...more

Nevertheless, The TCPA Battles Will Persist

The Supreme Court handed down a unanimous decision on April 1 in Facebook Inc. v. Duguid, holding that, to constitute an “automatic telephone dialing system” under the Telephone Consumer Protection Act (TCPA), equipment must...more

Illinois Governor Signs 36% Rate Cap On Consumer Loans Into Law

As forewarned in our January 15, 2021 posting, Illinois Governor J.B. Pritzker has signed into law SB 1792, which takes effect immediately. SB 1792, also known, as relevant here, as the Predatory Loan Prevention Act,...more

Chopra’s Views On Data Security Could Impact Implementation Of Section 1033

Keypoint: As leadership at the CFPB shifts, responses to the CFPB’s Notice of Proposed Rulemaking to implement Section 1033 of the Dodd Frank Act looms. More than a decade ago, the Dodd Frank Act created the Consumer...more

The Year To Come In U.S. Privacy & Cybersecurity Law (2021)

On January 28, 2021, privacy professionals around the world will celebrate Data Privacy Day. This year, we decided to mark the occasion by gathering our team’s thoughts and expectations on what we expect to be the biggest...more

Thought Leadership Illinois Legislative Update: 36% Rate Cap On Consumer Loans, Effective Upon Governor's Signature

On January 13, 2021, the Illinois General Assembly passed the Predatory Loan Prevention Act, which imposes a 36% “all in” APR cap on all consumer loans, including closed-end and open-end installment loans, payday loans, and...more

Credit Reporting Changes Under The CARES Act

On March 27, 2020, President Trump signed into law an updated version of a congressional response to the COVID-19 pandemic, entitled the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The $2 trillion stimulus...more

The CARES Act: Modifications On Credit Reporting For Furnishers

On March 27, 2020, President Trump signed into law an updated version of a congressional response to the COVID-19 pandemic, entitled the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The $2 trillion stimulus...more

Consumer Financial Services Challenges Related To Coronavirus

In light of the quickly changing economic situation presented by COVID-19, consumer lenders should be quickly preparing for the impact of COVID-19 on their customers. In addition, because lenders are also businesses...more

CCPA Update: Analyzing The AG’s Proposed Regulations

Keypoint: The long-awaited proposed AG regulations are here, and while they provide some much-needed clarity, they will leave businesses wanting more. On October 10, 2019, the California Attorney General’s office published...more

Are Credit Unions Covered By The CCPA?

Those who have spent time critically thinking about the California Consumer Privacy Act (CCPA), can undoubtedly identify a number of ambiguities and uncertainties. Some of those may be resolved through the current legislative...more

Creditors' Liability Under WCA Limited By Wisconsin Supreme Court

The Wisconsin Supreme Court recently delivered a welcome victory for creditors under the Wisconsin Consumer Act (WCA), limiting creditors’ liability for a failure to comply with the WCA’s procedural requirements, in a case,...more

Analyzing How Financial Institutions Are Treated In Proposed State Privacy Laws

One of the myriad of issues arising from the California Consumer Privacy Act (CCPA) is the extent to which financial institutions subject to the Gramm-Leach-Bliley Act (GLBA) must comply with the CCPA’s requirements in light...more

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