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CFPB's Rulemaking Under the FCRA (Part 2) – Crossover Episode With FCRA Focus Podcast - Consumer Finance Podcast [Audio]

Join us for the second 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

CFPB's Rulemaking Under the FCRA (Part 2) – Crossover Episode With The Consumer Finance Podcast - FCRA Focus Podcast [Audio]

Join us for the second 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

Impending FCRA Data Broker Rulemaking Announced by CFPB Director Chopra at White House Data Broker Roundtable

At a White House Roundtable on protecting Americans from allegedly harmful “data broker” practices, Consumer Financial Protection Bureau (CFPB or Bureau) Director Rohit Chopra announced the Bureau’s intention to expand the...more

CFPB’s Summer Edition of Supervisory Highlights Focuses on Auto Lending/Servicing and Debt Collection Practices

On July 26, the Consumer Financial Protection Bureau (CFPB or Bureau) released the summer edition of its Supervisory Highlights report, providing a high-level overview of alleged unfair, deceptive, or abusive acts or...more

CPRA Shuffle: Two Steps Forward, One Step Back: Court Temporarily Halts CPRA Regulation Enforcement as CPRA Enforcements Begins

CPRA Regulations Delayed. On June 29, 2023, two days before enforcement of the California Consumer Privacy Act (CCPA) was to begin, a Sacramento Superior Court issued a temporary injunction, enjoining enforcement of newly...more

More Privacy, Please – July 2023

Editor’s Note: Texas, Oregon, and Delaware became the latest states to pass a comprehensive privacy bill, while the CPRA, Connecticut, and Colorado’s privacy laws came into force. In the litigation world, the FTC filed an...more

More Privacy, Please – June 2023

Editor’s Note: Montana became the latest state to pass a comprehensive privacy bill, joining California, Virginia, Colorado, Connecticut, Utah, and Tennessee. Florida, too, passed a privacy bill, but with a much narrower...more

FTC Comment Request Signals Joint Enforcement With State AGs Will Continue Increasing

On June 7, the Federal Trade Commission (FTC) announced a request for information (RFI) to gain additional insight into how it can optimize joint enforcement with state attorneys general (state AGs) to protect consumers from...more

AI: Impact and Use in Background Screening - Crossover Episode With the Regulatory Oversight Podcast - FCRA Focus Podcast [Audio]

Join us for the final episode in a special five-part series covering artificial intelligence (AI). Many companies use machine learning algorithms and AI to assist with employment decisions and tenant screening. In our final...more

AI: Impact and Use in Background Screening (Part Five) - Regulatory Oversight Podcast [Audio]

Many companies use machine learning algorithms and artificial intelligence (AI) to assist with employment decisions and tenant screening. In our final episode, Stephen Piepgrass and colleagues Ron Raether and Dave Gettings...more

More Privacy, Please - May 2023

Editor’s Note: Indiana became the latest state to enact a comprehensive privacy law, with Montana and Tennessee close behind. Washington passed sweeping legislation — the My Health My Data Act — which included a private right...more

Cookies and Online Tracking of Health Signals: An OCR Prescription for Potential Peril

Online Tracking Technologies and HIPAA. In December 2022, the Department of Health and Human Services Office for Civil Rights (OCR) published a bulletin on the use of online tracking technologies (e.g., cookies or web...more

Washington Legislature Goes Big With "My Health My Data Act"

On April 27, the state of Washington enacted the My Health My Data Act (MHMDA), a comprehensive health privacy law that imposes broad restrictions on how “consumer health data” can be used by companies doing business in the...more

More Privacy, Please - April 2023

Editor’s Note: Iowa became the sixth state in the nation to enact a comprehensive privacy law, and California’s latest privacy regulations came into effect. At the federal level, Congress experienced a leak of sensitive...more

Iowa on Cusp of Enacting Privacy Legislation

Recently, the Iowa Legislature sent a bill to Iowa Governor Kim Reynolds for her signature that would make Iowa the sixth state to enact a comprehensive privacy law. The Iowa Senate unanimously passed Senate File 262 (SF 262)...more

CFPB Seeks Public Feedback About Data Brokers to Inform FCRA Rulemaking

On March 15, the Consumer Financial Protection Bureau (CFPB) issued a Request for Information (Request) seeking public comment on the business practices of data brokers and how they impact the daily lives of consumers....more

More Privacy, Please - March 2023

Editor’s Note: The U.S. Marshals Service suffered a data breach, demonstrating that no one is immune from such an occurrence. In regulatory news, government agencies remained focused on privacy, as the SEC proposed amendments...more

The CFPB and FTC Continue to Focus on Tenant Screening

On February 28, the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB) jointly issued a Request for Information, seeking public comment on how background screening affects individuals seeking...more

More Privacy, Please - February 2023

Editor’s Note: As the nation celebrated National Privacy Day on January 28, in regulatory news, the Colorado AG published a third version of its proposed regulations, and the CPPA voted to submit its draft regulations to the...more

Ad Technology Compliance Tips From Video Privacy Claims

“Stranger Things” has made many of us think back on the days when we waited at Blockbuster to pick the latest release of our favorite movies, sometimes at the return dropbox. And the use of the term “Borked” has probably not...more

More Privacy, Please - January 2023

Editor’s Note: In regulatory news, the Colorado AG published a second version of its proposed regulations. In U.S. litigation, Meta and TikTok both faced further litigation, and an Illinois court ruled that J&M Plating must...more

CFPB’s Involvement in Tenant Screening - FCRA Focus Podcast [Audio]

Please join Consumer Financial Services Partner Dave Gettings and his fellow Partner Ron Raether as they discuss the Consumer Financial Protection Bureau and its supervision of the tenant screening industry. During this...more

Four Strategies for Drafting Effective Consumer Breach Notices

It is 2022, which means you’ve received your fair share of consumer breach notification letters. Originally published in Law360 on September 30, 2022....more

More Privacy, Please - December 2022

Editor’s Note: In regulatory news, the Federal Trade Commission extended the deadline to comply with the Safeguards Rule, and Health and Human Services issued guidance for the use of online tracking technology under HIPAA. In...more

The Do's and Dont's of Cybersecurity Forensic Investigations

According to the Verizon Wireless 2022 Data Breach Investigations Report, there are four prominent paths that threat actors use to gain unauthorized access into an organization’s network... Originally published in Law360 on...more

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