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California Legislation Would Make CCPA Even Worse for Businesses

New proposed legislation in California, backed by state Attorney General (“AG”) Xavier Becerra, would amend the new California Consumer Privacy Act (“CCPA”) to make it easier for private plaintiffs and public officials to sue...more

California Poised to Enact Internet of Things Information Security Law

California is once again poised to set the standard for privacy and data security by enacting the first state law directed at securing Internet of Things (IoT) devices. The law has passed the state legislature and is awaiting...more

Calif. Supreme Court: High-Interest Loans May Be Subject to Price Unconscionability Attack

Resolving an ambiguity in the California Finance Lender's Law (CFLL), the California Supreme Court unanimously held that borrowers may use the unconscionability doctrine to challenge the interest rate on consumer loans of...more

Proposed Credit Reporting Changes Pass House With Mixed Reviews

Consumer advocacy groups are questioning the purported benefits of H.R. 435 the “Credit Access and Inclusion Act of 2017,” a bill that passed with bipartisan support in the House of Representatives in June, and is currently...more

California Passes Legislation Significantly Changing Privacy Requirements for Entities Doing Business in the State

As we discussed in our prior alert, California voters had been poised to consider a citizen-initiated ballot measure that would have significantly expanded the privacy rights of California citizens and provided substantial...more

Supreme Court Allows States to Parlay Laws Into Moneyline of Sports Betting

The U.S. Supreme Court this week struck down a federal law that prohibits most states from allowing gambling on competitive sporting events. The Court's May 14 ruling in Murphy v. NCAA has significant potential implications...more

Nice Try – Court Rebuffs Debt Collector's Attempt to Purchase Lawsuit Against Itself

A debt collector cannot avoid claims under the Fair Debt Collection Practices Act (FDCPA) by purchasing the debtor's lawsuit, according to a recent opinion from the U.S. Court of Appeals for the Ninth Circuit. ...more

Justice Department Settles with Michigan Credit Union for Violations of the Servicemembers Civil Relief Act

The U.S. Department of Justice (DOJ) announced last week that it reached an agreement with Michigan-based COPOCO Community Credit Union to settle a lawsuit alleging that the credit union violated the Servicemembers Civil...more

To DPO or Not to DPO: Revised Guidance Issued on Data Protection Officers Under GDPR

If you are a hospital processing European Union (EU) patient data, if you maintain EU customer loyalty programs, or if you engage in behavioral advertising of EU citizens, you may be required to appoint a data protection...more

Colorado UCCC Administrator faces challenge in bank-model dispute

Two state-chartered banks recently filed complaints for declaratory judgment and injunctive relief against the Administrator of the Uniform Consumer Credit Code for the State of Colorado, Julie Ann Meade. The complaints were...more

Two Banks Fight Back Against Colorado Regulator in Bank-Model Dispute

Two state-chartered banks, WebBank and Cross River Bank, recently filed complaints for declaratory judgment and injunctive relief against the Administrator of the Uniform Consumer Credit Code for the State of Colorado, Julie...more

United Kingdom Privacy Office Issues Guidance on Consent Under GDPR

The EU General Data Protection Regulation (GDPR), which takes effect in May 2018, will require companies to reassess their mechanisms for obtaining, tracking, and verifying individuals' consent. Companies will need clear and...more

Spokeo Argument After Removal to Federal Court Creates Double-Edged Sword for Defendants

After the U.S. Supreme Court's decision in Spokeo, Inc. v. Robbins last year, many defendants have perceived the assertion of a standing argument as a potential panacea when confronted with federal statutory claims in which...more

NYDFS, American Bankers Association Weigh In On OCC Fintech Charter Proposal

The New York State Department of Financial Services (NYDFS) has come out strongly against an Office of the Comptroller of the Currency (OCC) proposal to grant national bank charters to financial technology (fintech)...more

FTC Settles with Targeted Digital Advertising Company over Supercookie Advertising Practices

The Federal Trade Commission (FTC) has entered into a proposed consent order requiring digital advertising company Turn Inc. to include a clear and conspicuous notice detailing how it collects, uses, or shares information...more

Affair Website Ashley Madison Fined $8.75 Million Over Data Breach, Misrepresentations

The Federal Trade Commission (FTC) has entered into a multimillion dollar settlement with the owners and operators of AshleyMadison.com, a dating website for people interested in having discreet affairs, related to the...more

European Court Of Justice Rules That Dynamic IP Addresses Can Be Personal Data

In a ruling with significant potential impact, the Court of Justice of the European Union (CJEU) has ruled that a dynamic internet protocol (IP) address may constitute "personal data" under EU Data Protection Directive...more

To (Dis)Close for Comfort–FTC Workshop Seeks Effective Consumer Disclosures

A goal of providing effective disclosures to consumers is to allow consumers to make informed decisions. But what must be done to make disclosures effective? This was the question the Federal Trade Commission (FTC) explored...more

FFIEC Provides Concrete Guidance on Setting Up Information Security Programs

The Federal Financial Institutions Examination Council (FFIEC)—the interagency body tasked with setting uniform principals and standards for the examination of financial institutions by federal prudential regulators,...more

NJ Supreme Court Holds Intervening Mortgage Takes Priority After Discretionary Advances by Initial Mortgagee

The New Jersey Supreme Court recently clarified its rules regarding mortgage priority, holding that a factoring company’s secured first mortgage can be trumped by a law firm’s later-filed mortgage where the factoring company...more

International Regulators Issue Cybersecurity Guidance to the Financial Industry

The Bank for International Settlement (BIS) Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) last week issued the first internationally agreed-upon...more

FTC Backs FCC’s Proposed Rule on TCPA Amendments for Calls Collecting Government Debt

The Federal Trade Commission's (FTC) Bureau of Consumer Protection issued a Staff Comment on June 16, 2016, supporting several of the Federal Communication Commission's (FCC) proposed regulations implementing amendments to...more

Second Circuit Resolves Lower Court Split over Interest and Late Fees in FDCPA Claims

When a consumer's current balance will increase over time due to interest and late fees, a debt collection notice must disclose this information, the U.S. Court of Appeals for the Second Circuit has ruled. In Avila v....more

Court Cannot Enter Default Against Trustee that Submits Unopposed Declaration of Non-Monetary Status

The California Court of Appeal recently held that a plaintiff cannot seek entry of default against a trustee that files a declaration of nonmonetary status pursuant to California Civil Code Section 2924l. Section 2924l...more

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