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Consumer Protection Privacy Finance & Banking

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Financial Services Weekly News - December 2017 #2

by Goodwin on

Editor's Note - Attack of the State AGs. On December 12, New York Attorney General Eric T. Schneiderman and 16 other state attorneys general (State AGs) sent a letter to President Trump arguing that past statements by Mick...more

Cybersecurity Guidance on SEC Horizon

In a push for increased cybersecurity vigilance, the Securities and Exchange Commission indicated its plans to amend existing data security guidance, including the reporting of data breaches....more

FINRA Releases Report On Examination Program Observations

by King & Spalding on

On December 6, 2017, the Financial Industry Regulatory Authority (“FINRA”) issued a report describing findings and observations from its member firm examination program (the “Report”)....more

Senators Re-Introduce Bill Requiring 30-Day Notification of Company Data Breaches

As we near the end of a year that has seen more than its share of massive data breaches, two bills have been introduced (one re-introduced) in the U.S. Senate....more

Data Privacy + Cybersecurity Insider - December 2017

by Robinson & Cole LLP on

The Consumer Financial Protection Bureau (CFPB), one of the watchdogs of the financial services industry, has announced through Acting Director Mick Mulvaney that it will no longer collect personal information of consumers...more

CFPB Stops Collecting Personal Information in Light of Cybersecurity Concerns

The Consumer Financial Protection Bureau, one of the watchdogs of the financial services industry, has announced through Acting Director Mick Mulvaney, that it will no longer collect personal information of consumers due to...more

FCC targets fraudulent robocalls with new call blocking rules

by Ballard Spahr LLP on

The FCC has issued a Report and Order and Further Notice of Proposed Rulemaking (Order) adopting new rules to allow voice service providers to proactively block calls from certain numbers that are suspected to be fraudulent....more

Parallel Universe or Coincidence: The CFPB’s New Data Consumer Protection Principles’ Relationship to GDPR

On October 18, 2017, the Consumer Financial Protection Bureau (CFPB) outlined nine non-binding Consumer Protection Principles (the Principles) for the access and sharing of consumer information between third-party companies....more

District Court Dismisses FACTA Complaint Because Plaintiff Fails To Allege An Injury-In-Fact

by King & Spalding on

On November 3, 2017, the U.S. District Court for the Southern District of New York dismissed a Fair and Accurate Credit Transaction Act (“FACTA”) complaint in Fullwood v. Wolfgang’s Steakhouse because the plaintiff failed to...more

Forever 21 Latest Retailer to Suffer Credit Card Breach

Forever 21 has warned customers who used a credit card at any of its stores between March and October 2017 that their credit card may have been compromised....more

Structured Thoughts: News for the financial services community, Volume 8, Issue 8

Sales of VIX-Linked ETPs – Back to Basics for FINRA - FINRA used a misselling case to remind member firms of certain fundamentals, including the importance of implementing a new product approval process, reasonable...more

CFPB Releases Principles for Financial Services Industry for Sharing Data

The Consumer Financial Protection Bureau(CFPB) recently issued principles for the access and disclosure of sensitive date in the financial services industry. The CFPB referred to the guidelines as principles instead of...more

CFPB Issues Consumer Protection Principles for Sharing Financial Account Information with Third Parties

by Goodwin on

On October 18, 2017, the Consumer Financial Protection Bureau (CFPB) published guidelines for financial institutions to use when authorizing third-party access to consumers’ financial information. These guidelines are...more

Plaintiff Failed To Plausibly Allege Consumer Reporting Agency Lacked A Reason To Believe Lenders Intended To Use Credit Report...

by King & Spalding on

On October 16, 2017, the United States District Court for the District of Minnesota dismissed a Fair Credit Reporting Act (“FCRA”) complaint because the plaintiff had failed to plausibly allege that the defendant lacked a...more

Cybersecurity Among Focus for OCC Supervision in 2018

What will the Office of the Comptroller of the Currency (OCC) focus on in 2018? Cybersecurity, for starters, the agency said in the release of its Bank Supervision Operating Plan for the next fiscal year....more

Consumer Financial Services Newsletter - Fall 2017

by Hinshaw & Culbertson LLP on

The "Unique Factual Circumstances of Each Individual" in Plantiffs' Proposed Class Prompts Appellate Court to Affirm Denial of Class Certification - The Eleventh Circuit Court of Appeals affirmed a district court's...more

Second Circuit Denies Rehearing in Key TCPA Case

by Ballard Spahr LLP on

Businesses that have not already done so should consult with counsel regarding "consent to be called" provisions in their consumer contracts in the wake of the decision by the U.S. Court of Appeals for the Second Circuit...more

Second Circuit Denies Petition to Rehear Decision Holding that the TCPA Does Not Permit a Consumer to Unilaterally Revoke Consent...

by Burr & Forman on

On October 20, 2017, the Second Circuit Court of Appeals denied a petition for panel rehearing, or in the alternative, for rehearing en banc of its decision in Reyes v. Lincoln Automotive Financial Services, 861 F. 3d 51 (2d...more

Last Year the Panama Papers, This Year the Bermuda Briefs?: Cybersecurity Trends

by CloudNine on

Last year, we covered the massive data breach at Panama-based law firm Mossak Fonseca (11.5 million documents, 2.6 total TB – yes, terabytes – of data stolen) that has come to be known as the “Panama Papers”. Now, a Bermuda...more

Equifax Fallout Continues, Spreads Across Industry—and Pond

The fallout from the Equifax data breach continues, reaching other credit reporting companies and all the way across the Atlantic Ocean. What happened - In early September, Equifax disclosed that roughly 145 million...more

Consumer Financial Protection Bureau Releases Fintech Consumer Protection Principles

by King & Spalding on

On October 18, 2017, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) published a statement of nine principles entitled: “Consumer Protection Principles: Consumer-Authorized Financial Data Sharing and...more

CFPB Issues “Principles” For The Protection Of Consumer Authorized Data Sharing And Aggregation

With the growth of technology and the development of the fintech market, an unprecedented amount of consumer financial data has become available. While protections through the FTC Safeguard Rule and EFTA provide certain...more

New HMDA Disclosure Guidance Creates Concern in Wake of Recent Data Breaches

by Baker Donelson on

The CFPB recently announced a new policy guidance concerning the data required to be collected, reported, and disclosed by financial institutions to the public under the Home Mortgage Disclosure Act (HMDA). The guidance is...more

G-7 Officials Release Report On Cybersecurity In The Financial Sector

by King & Spalding on

n October 13, 2017, finance ministers and central bank governors of the Group of Seven (the “G-7”) released a report entitled Fundamental Elements for Effective Assessment of Cybersecurity for the Financial Sector. The G-7...more

UK National Security and Infrastructure Investment Review: Change Is Coming

by McDermott Will & Emery on

The UK government recently published proposed reforms designed to strengthen its powers to investigate national security implications for investments in certain types of UK assets and industries. These proposals may have...more

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