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Colorado Governor Signs Comprehensive Data Privacy Bill — How Does It Compare to California and Virginia?

On July 7, Governor Jared Polis signed Colorado's comprehensive data privacy bill (SB 21-190) into law. The Colorado Privacy Act (CPA) will go into effect on January 1, 2023, making Colorado the third state to enact a...more

FTC Green Lights Investigations of Key Enforcement Targets

On July 1, the Federal Trade Commission (FTC) voted to approve seven omnibus resolutions authorizing staff attorneys to use compulsory process to investigate key enforcement targets. The vote fell along party lines, with...more

Supreme Court Narrows Computer Fraud and Abuse Act: So Gates Up!

On June 3, the Supreme Court issued its opinion in Van Buren v. United States, holding that the Computer Fraud and Abuse Act of 1986 (CFAA) does not create liability when a user who is authorized to access information on a...more

Republican FTC Commissioner Agrees to Privacy Rulemaking

On June 23, Commissioner Christine Wilson, a Republican appointee, confirmed that she has agreed to use the Federal Trade Commission’s (FTC) rulemaking authority to craft comprehensive data privacy regulations. With...more

New York City Enacts Biometrics Law for Food and Drink Establishments, Entertainment Venues, and Retail Stores

New York City’s Biometric Identifier Information Law goes into effect July 9. The law applies to food and drink establishments, places of entertainment, and retail stores in New York City that collect, retain, convert, store,...more

The FTC and State AGs Warn Consumers About Crypto Scams

If you use the internet, you have probably encountered at least one of the scams con artists use to bilk victims. There’s “catfishing” and other online dating fraud, where scammers use fake identities to woo victims into...more

Big Tech Critic Lina Khan Confirmed and Sworn In as New FTC Chair

On June 15, the Senate voted (69-28) to confirm Lina Khan as the newest commissioner on the Federal Trade Commission (FTC). And just hours later, President Biden named her as the new chair of the agency. As we previously...more

Colorado Passes Comprehensive Data Privacy Law

On June 8, the Colorado legislature passed the Colorado Privacy Act (CPA). Assuming Governor Jared Polis signs the bill into law within 30 days, as is expected, Colorado will become the third state in the United States to...more

Biden Signs Executive Order Intended to Improve the Federal Government's Cybersecurity

On May 12, President Biden signed an executive order intended to improve the federal government’s cybersecurity. This comes in the wake of sweeping cyber incidents, such as the SolarWinds incident that affected both public...more

FTC Says: “Show Me the Money”

On June 7, the Federal Trade Commission (FTC) announced a proposed settlement with MoviePass. And in an interesting twist, the FTC used the proposed settlement to announce a novel means of obtaining monetary relief....more

Biden Signs Executive Order Aimed at Improving the Federal Government’s Cybersecurity

On May 12, President Biden signed an executive order (EO) that seeks to improve the federal government’s cybersecurity. This comes in the wake of sweeping cyber incidents, such as the SolarWinds incident. The EO calls on both...more

State Attorneys General Are Paying Attention to Crypto!

While active in the space for several years, state attorneys general have taken increasingly aggressive action over the last year to regulate crypto-based products and services and prosecute those abusing this otherwise...more

CSBS Seeks Comment on Licensing Requirements for MSBs

On May 24, the Conference of State Bank Supervisors (CSBS) released that it is seeking public comment on proposed nationwide licensing requirements for money service businesses (MSBs). The comment period will end on July 23....more

Senators Aim at Big Tech with Bipartisan Privacy Bill

On May 20, a bipartisan group of senators reintroduced the Social Media Privacy Protection and Consumer Rights Act (Act), which would force big tech companies like Facebook and Google to give consumers greater control over...more

Google Says “Yes” to More Privacy Requirements

On May 6, Google announced that mobile app developers will be required to publish their privacy policies and make other privacy disclosures in a new “safety” section within Google Play beginning in Q2 2022. Google’s...more

CFPB Obtains $5.4 Million from Debt-Relief Service that Allegedly Charged Illegal Fees

On May 17, the Consumer Financial Protection Bureau (CFPB) announced a settlement with DMB Financial LLC, a Massachusetts-based debt-settlement company....more

Chime Financial Fintech Cannot Claim it is a Bank

The Department of Financial Protection and Innovation (DFPI) of California entered a settlement agreement with Chime Financial, Inc. (Chime), a neobank company that is not licensed to operate as a bank or otherwise exempt...more

Possible Increase in Federal and State Data Privacy Enforcement Actions in 2021

So far, 2021 is shaping up to be an important year for data privacy legislation. In March, Virginia enacted the Consumer Data Protection Act (CDPA) — the nation’s second comprehensive data privacy law. Dozens of state...more

FTC Requests Congress to Restore Consumer Redress After AMG Capital Management Decision

The Federal Trade Commission (FTC) is acting swiftly to restore its authority to obtain consumer redress under Section 13(b) of the FTC Act after the Supreme Court’s recent decision in AMG Capital Management, LLC v. FTC,...more

Unanimous Court Cuts FTC's Power to Seek Monetary Redress

On April 22 the Supreme Court held in AMG Capital Management, LLC v. FTC that the Federal Trade Commission (FTC) does not have authority under the Federal Trade Commission Act Section 13(b) to seek, nor a court to award,...more

The FTC Takes Down Beam Financial Mobile Banking App

Beam Financial, Inc. (Beam), a mobile banking app, will be banned from offering any service that may be used to deposit, store, or withdraw funds, and must give a full refund to users as part of a settlement with the Federal...more

CFPB Rescinds Guidance Regarding FCRA and Regulation V Compliance Under CARES Act

On March 31, the Consumer Financial Protection Bureau (CFPB or Bureau) announced it is rescinding its April 1, 2020 policy statement regarding the Fair Credit Reporting Act (FCRA) and Regulation V following the enactment of...more

FTC to Develop New Group Aimed at Antitrust and Deceptive Practices Rulemaking

While the debate continues about whether the Federal Trade Commission (FTC) has the authority to make rules governing antitrust or competition law issues, on March 25, Acting FTC Chair Rebecca Kelly Slaughter announced the...more

CFPB Signals Enforcement Priorities with Release of 2020 Consumer Complaints Report

On March 24, the Consumer Financial Protection Bureau (CFPB) provided the Consumer Response 2020 Annual Report (CFPB Report) to Congress. The CFPB Report reflects complaints submitted by consumers to the CFPB and analyzes...more

The FTC Reflects on a Busy Year

On March 25, the Federal Trade Commission (FTC or Commission) released an article reflecting on its work in 2020. The following are some of the most notable actions of the FTC in 2020...more

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