News & Analysis as of

Consumer Protection Updates

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

Ninth Circuit dismisses TCPA claim, finds recipient’s insurance enrollment form constituted “prior express consent”

Takeaway: A recent Ninth Circuit decision find holding that the plaintiff had provided “prior express consent” to receive calls from a third-party telephone consultant shows that the scope of “prior express consent” is based...more

Minor Not Bound—Directly Or Indirectly—By Arbitration Agreement In Mother’s Credit Card Agreement

by Carlton Fields on

Last month the Seventh Circuit reversed a lower court order enforcing an arbitration agreement contained in cardholder agreement as applied against the minor daughter (“A.D.”) of the cardholder, rejecting the bank’s attempt...more

Spade/Wegner: Supreme Court Delivers Crushing Blow To TCCWNA Plaintiffs By Enforcing “Aggrieved Consumer” Requirement As Written

by McCarter & English, LLP on

Late last year, McCarter reported on the New Jersey Supreme Court’s ruling in Dugan/Bozzi and predicted that the Supreme Court would soon hold that consumers filing suit under New Jersey’s Truth-in-Consumer Contract Warranty...more

Seventh Circuit lets data breach suit proceed for credit monitoring and lost use of credit card damages

by Thompson Coburn LLP on

In a blow to retailers and other businesses subjected to data breaches, the Seventh Circuit has reinstated a class action brought by consumers against Barnes & Noble arising from a 2012 breach. Two class representatives sued...more

Organic Baby Food for Thought: Second Circuit Holds that OFPA Certified Organic Product Labels Cannot Be Challenged as Misleading...

The Second Circuit recently affirmed the dismissal of a class action asserting state law claims that a manufacturer falsely advertised its baby formula as organic. In doing so, the appellate court agreed with the district...more

CFPB Issues RFI on Consumer Financial Education

by Weiner Brodsky Kider PC on

The CFPB issued a Request for Information (RFI) seeking comments and information on the overall efficiency and effectiveness of its consumer financial education programs....more

FTC Details Top Consumer Complaints of 2017

The Federal Trade Commission’s annual Consumer Sentinel Network Data Book revealed the top consumer complaints for 2017, with debt collection maintaining its title as the most-complained-about topic....more

Orrick's Financial Industry Week In Review

ECB Publishes Opinion on Proposed Regulation Amending EBA Regulation - The European Central Bank ("ECB") published an opinion (CON/2018/19) (dated April 11, 2018) on a proposed Regulation amending (among other things) the...more

Alabama Passes Data Security and Data Breach Notification Statute

by Weiner Brodsky Kider PC on

Alabama recently became the 50th state to pass a data breach notification statute, joining South Dakota as the last two states to enact such legislation. The Alabama Data Breach Notification Act of 2018 (the Act) requires...more

Cybersecurity Is A Key Area Of Interest As House And Senate Appropriations Committees Hold Hearings On The President’s Budget For...

by King & Spalding on

Following the enactment of the Omnibus Appropriations bill in March, Congressional appropriators have turned their attention to reviewing President Trump’s fiscal year 2019 budget. Last week, House and Senate Appropriations...more

Russia Introduces New Draft Law on Social Networks

by Morgan Lewis on

Russian lawmakers have proposed a draft law that would impose new obligations on the owners of public networks. Such owners with no registered presence in Russia would be required to set up a local representative office....more

EPA's TSCA Chemical Substance Inventory Identifies Newly Designated “Active” Chemicals

The U.S. EPA has released the updated Toxic Substances Control Act (TSCA) Chemical Substance Inventory (Inventory), which identifies non-confidential chemical substances designated as “active” in U.S. commerce. The April 2018...more

Consumer Financial Services Reform in Year Two of the Trump Administration

by Baker Donelson on

The publicly traded banking sector increased its market value by almost 30 percent in the first year of the Trump Administration. In part, this was a product of an overall strong performance by the stock market, but it also...more

WARNING: New Prop 65 Regulations Take Effect August 30, 2018

by Locke Lord LLP on

Beginning on August 30, 2018, the amended regulations will take effect for what constitutes a clear and reasonable warning under California’s Safe Drinking Water and Toxic Enforcement Act, better known as Prop 65. Prop 65...more

Proposed TRID Title Insurance Clarification: Senator Warren Cries Wolf

by Reed Smith on

Recently, I came across an article written by Senator Elizabeth Warren entitled “Don’t Make Bad Bill on Bank Deregulation Worse.” In this article, the Senator warned against efforts by the House to add additional...more

Health Care Providers Beware: Consumer Finance Regulations Apply Medical Debt Collection

by Baker Donelson on

While the prosecution of consumer banks and other lenders is the type of federal regulation that typically makes the headlines, many of the same debt collection regulations also apply to the collection of medical debts....more


by BakerHostetler on

In This Issue: - ERSP Sends Vitalizer Claims up to the FTC - NAD Says Cardio Miracle Creator Dodged the Question - CPSC Takes Smart Tech Safety to the Streets - ESRB Floats Changes to Its COPPA Safe Harbor Program -...more

TCPA Update: Impact of D.C. Circuit's Ruling on 2015 FCC Order

by Baker Donelson on

After hearing the oral argument in the case of ACA International v. FCC in October 2016, the U.S. Court of Appeals for the D.C. Circuit finally issued its long-awaited and lengthy ruling on March 16, 2018, addressing the...more

Warning: GDPR Fines May Apply To Undisclosed Prior Data Breaches

by King & Spalding on

On April 9, 2018, a European Commission Official speaking on the condition of anonymity warned that companies currently hiding data breaches from the public may be subject to substantial fines when the European Union’s (“EU”)...more

Financial Services Weekly Roundup - April 2018 #3

by Goodwin on

Editor's Note - Modest Proposals. Last week, federal banking regulators issued two proposals that would substantively amend certain regulatory capital regulations applicable to the nation’s largest banks. On April 10, the...more

Facebook Stops Funding Opposition to California Privacy Focused Ballot Act

Facebook has recently chosen to no longer fund opposition to the California Consumer Privacy Act, which could appear on the California State Ballot as an initiated state statute on November 6, 2018. According to the petition...more

GDPR Update: Profiling and Retail (Dutch)

by Dentons on

In this GDPR Update, we address the concept of profiling. In particular, we will focus on a number of aspects of the application of profiling in the retail sector. ...more

US Consumer Financial Protection Bureau Releases Semi-Annual Report

by Shearman & Sterling LLP on

The U.S. Consumer Financial Protection Bureau published its semi-annual report. The report, which is mandated by the Dodd-Frank Act, highlights and summarizes various topics the CFPB is working on, including a list of rules,...more

GDPR Update: Profiling and Retail

by Dentons on

In this GDPR Update, we address the concept of profiling. In particular, we will focus on a number of aspects of the application of profiling in the retail sector....more

Uber’s Latest Headache

An expanded settlement by the Federal Trade Commission with ride-sharing giant Uber Technologies should serve as a lesson to other businesses about what happens when a company fails to disclose a data breach during an ongoing...more

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