On March 28, the Federal Trade Commission (FTC) released a Privacy and Data Security Update, highlighting the FTC’s activities in recent years through December 2023. The FTC underscored its work on issues related to...more
4/12/2024
/ Algorithms ,
Artificial Intelligence ,
COPPA ,
Cybersecurity ,
Data Privacy ,
Do Not Call List ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Gramm-Leach-Blilely Act ,
Machine Learning ,
Popular ,
Regulatory Agenda ,
Risk Management
On March 6, 2024, New Hampshire Governor Chris Sununu signed Senate Bill 255 into law, making New Hampshire the 14th U.S. state to enact a comprehensive privacy law. The law, which becomes effective on January 1, 2025, is...more
Editor’s Note: In recent regulatory and enforcement developments, the White House announced a new executive order aimed at strengthening cybersecurity at U.S. ports, and another executive order was issued to protect sensitive...more
3/7/2024
/ Artificial Intelligence ,
Biden Administration ,
Consent Order ,
Consumer Financial Products ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
Financial Services Industry ,
Personal Data ,
Personally Identifiable Information ,
Robocalling ,
TCPA ,
UDAAP
In a recent alert, we reported that California Attorney General (AG) Rob Bonta announced a settlement with DoorDash over allegations that the company violated the California Consumer Privacy Act (CCPA) and the California...more
3/5/2024
/ California ,
California Consumer Privacy Act (CCPA) ,
CalOPPA ,
Data Privacy ,
DoorDash ,
Marketing ,
Mobile Apps ,
Personal Information ,
State and Local Government ,
State Attorneys General ,
Statutory Violations
In the second settlement under the California Consumer Privacy Act (CCPA), California Attorney General (AG) Rob Bonta announced a settlement over allegations that DoorDash sold consumers' personal information in a manner that...more
3/4/2024
/ California ,
California Consumer Privacy Act (CCPA) ,
CalOPPA ,
Data Privacy ,
DoorDash ,
Marketing ,
Mobile Apps ,
Personal Information ,
State and Local Government ,
State Attorneys General ,
Statutory Violations
NIST Publishes Report on the Cybersecurity of Genomic Data. On December 20, 2023, the NIST National Cybersecurity Center of Excellence (NCCoE) published Final NIST IR 8432, Cybersecurity of Genomic Data. Informed by direction...more
2/13/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Financial Products ,
Consumer Fraud ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
NIST ,
Personal Information ,
Personally Identifiable Information ,
Popular ,
Putative Class Actions
On February 8, the U.S. Supreme Court issued a unanimous decision in Department of Agriculture Rural Development Rural Housing Service (USDA) v. Kirtz, holding that the Fair Credit Reporting Act’s (FCRA) clear statutory text...more
2/12/2024
/ Borrowers ,
Consumer Reporting Agencies ,
Consumer Reports ,
Department of Agriculture Rural Development Rural Housing Service v Kirtz ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Government Agencies ,
Loans ,
SCOTUS ,
Statutory Violations ,
USDA
In recent regulatory and enforcement developments, the California Privacy Protection Agency (CPPA) proposed a regulatory framework for automated decision-making technology (ADMT) and revisions to the California Consumer...more
2/7/2024
/ Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
COPPA ,
Cyber Attacks ,
Data Breach ,
Data Brokers ,
Data Protection ,
FCC ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Personal Data ,
Popular ,
Reporting Requirements ,
Robocalling ,
Social Media ,
State Attorneys General ,
Vulnerability Assessments ,
Website Owner Liability
In Career Counseling, Inc. v. Amerifactors Financial Group, LLC, the U.S. Court of Appeals for the Fourth Circuit upheld a district court’s decision denying class certification in a Telephone Consumer Protection Act (TCPA)...more
Troutman Pepper’s 2023 Privacy Year in Review is a comprehensive analysis of the year’s key developments in privacy, security, and artificial intelligence and offers practical advice for companies navigating the bewildering...more
On January 16, New Jersey Governor Phil Murphy signed S332 (the act), making New Jersey the first state in 2024 to enact a comprehensive privacy law. Several other states are currently considering similar comprehensive...more
1/26/2024
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Information Technology ,
New Jersey ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Reform ,
State Data Privacy Laws
Following several years of investigating the common practices in the space, the Federal Trade Commission (FTC) reached its first settlement with a data broker over the alleged collection and sale of location information that...more
1/18/2024
/ Consumer Financial Protection Bureau (CFPB) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Collection ,
Data Sellers ,
Data Selling ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Geolocation ,
Location Data ,
Personal Data ,
Request For Information ,
Settlement
Please join us for a special cross-over episode of FCRA Focus and The Consumer Finance Podcast, where Troutman Pepper Partners Chris Willis, Dave Gettings, Kim Phan, and Ron Raether look at the latest developments in the...more
Editor’s Note: The FTC continues to crack down on privacy and cybersecurity, including issuing a new warning to tax preparation companies and entering into a consent decree with 1Health.io. VPPA and BIPA litigation continues...more
11/28/2023
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consent Order ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Final Rules ,
Financial Institutions ,
Gramm-Leach-Blilely Act ,
Motion to Dismiss ,
NIST ,
Personal Information ,
Popular ,
Privacy Policy ,
Putative Class Actions ,
Safeguards Rule ,
State Attorneys General
On October 24, the Biden-Harris administration announced amendments to the regulations implementing title IV of the Higher Education Act of 1965 (HEA). According to the fact sheet, the amendments are intended to allow the...more
11/3/2023
/ Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Education ,
Educational Institutions ,
Financial Aid ,
Financial Institutions ,
Higher Education Act ,
Public Comment ,
Statutory Requirements ,
Student Loans ,
Students ,
Title IV ,
Transcripts ,
Tuition
On October 30, President Biden issued a sweeping Executive Order calling on Congress to enact privacy laws and directing federal agencies to review existing rules and potentially explore new rulemakings governing the use of...more
11/2/2023
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Protection ,
Department of Justice (DOJ) ,
Discrimination ,
Executive Orders ,
Financial Services Industry ,
Machine Learning ,
Popular ,
Risk Assessment ,
Rulemaking Process
The Delete Act (SB 362), signed into law by California Gov. Gavin Newsom on October 10, imposes additional disclosure and registration requirements on data brokers. It requires data brokers to support deletion requests...more
10/23/2023
/ California ,
California Privacy Protection Agency (CPPA) ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Disclosure Requirements ,
New Legislation ,
Personal Information ,
Registration Requirement ,
Regulatory Reform ,
State and Local Government ,
State Privacy Laws
On October 12, the U.S. District Court for the Northern District of Illinois denied certification of a putative class action asserting that TransUnion violated the Fair Credit Reporting Act (FCRA) and the Missouri...more
On October 10, Governor Newsom signed the Delete Act ( SB 362) into law, which amends California's current data broker law to impose extensive additional disclosure and registration requirements on data brokers, and to...more
10/20/2023
/ California ,
California Privacy Protection Agency (CPPA) ,
Consumer Reporting Agencies ,
Cybersecurity ,
Data Brokers ,
Data Collection ,
Data Deletion ,
Data Protection ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
New Legislation ,
Notice of Proposed Rulemaking (NOPR) ,
Personal Data ,
Personal Information ,
Personally Identifiable Information ,
Popular ,
Public Comment ,
Regulatory Reform
A new enforcement action provides more detail on the expectations of the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) (collectively, the agencies) for the content of tenant screening reports....more
10/17/2023
/ Civil Penalty Fund ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Enforcement Actions ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Rental Property ,
Screening Procedures ,
Tenants ,
TransUnion ,
TransUnion LLC v Ramirez
As discussed here, on September 21 the Consumer Financial Protection Bureau (CFPB) released an outline of its plans for rulemaking under the Fair Credit Reporting Act (FCRA). The outline was supplied for initial comment to a...more
The Consumer Financial Protection Bureau (CFPB) has started the process of issuing rules on several topics affecting the entire ecosystem that collects, sells, and uses data about consumers, according to an Outline of the...more
9/22/2023
/ Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Reporting Agencies ,
Data Brokers ,
Data Privacy ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
SBREFA
Join us for the third episode in a special three-part series covering the CFPB's intention to propose new rules under the Fair Credit Reporting Act (FCRA). In this episode, Troutman Pepper Partners Chris Willis, Dave...more
Join us for the third episode in a special three-part series covering the CFPB's intention to propose new rules under the Fair Credit Reporting Act (FCRA). In this episode, Troutman Pepper Partners Chris Willis, Dave...more
Editor’s Note: As the summer months come to an end, there has been no shortage of privacy news and updates. Oregon signed both a comprehensive privacy law and data broker law, and the SEC adopted new rules regarding the...more
9/15/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Fingerprints ,
Popular ,
Securities and Exchange Commission (SEC)