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Finance & Banking Privacy Consumer Protection

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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

The New CFPB Consumer Protection Principles

by McGuireWoods LLP on

On October 18, 2017, the Consumer Financial Protection Bureau (CFPB) issued a set of Consumer Protection Principles regarding the sharing and aggregation of consumers’ financial data. The timing of the announcement in light...more

In the Wake of Equifax: What Auto Dealers Need to Know About Data Privacy

Following the recent Equifax data breach wherein millions of consumers’ private information may have been compromised, it is increasingly clear that consumer-interfacing businesses need to, and in some cases are required to,...more

SEC and States Are Upping Their Cyber Game, Are You Doing the Same?

September 2017 saw no respite from the relentless pace of cyber developments, not only from the perspective of rapidly evolving attacks, but also from the perspective of dynamic federal and state regulatory moves. In...more

SEC Announces Cyber Enforcement Initiative: Distributed Ledger Technology, Initial Coin Offerings Under the Microscope

by Goodwin on

The new SEC Enforcement Cyber Unit will target cyber-related misconduct, including violations involving distributed ledger technology, initial coin offerings and misconduct perpetrated using the dark web....more

Equifax Data Breach Fallout Continues

Just weeks after it was announced, the Equifax data breach has already resulted in multiple class action lawsuits, state attorneys general actions, and a renewed call to pass uniform, national data breach legislation....more

Equifax Breach Felt From Lawsuits to Legislation to … Arbitration?

As the Equifax data breach continues to reverberate—with multiple class actions filed, calls to revamp the credit reporting industry and new legislation proposed—even the arbitration rules of the Consumer Financial Protection...more

CFPB Walks the Data Privacy Tightrope on Public HMDA Disclosures

In the wake of the Equifax data breach, consumers, companies, and regulators alike are cognizant of the potential exposure of personal information, and many companies are looking at ways to decrease the risk of unauthorized...more

Equifax Mea Culpa: Too Little, Too Late?

Equifax Inc.’s interim CEO, Paulino do Rego Barros Jr., issued the company’s second public apology this morning for the massive data breach that has affected as many as 143 million U.S. consumers....more

The FTC Case against EquiFax Inc.

by Revision Legal on

In early September of 2017, it was reported that Equifax Inc., one of the country’s three leading credit reporting services, was subject to a cyberattack that resulted in the access by the hackers of financial and personal...more

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Cybersecurity

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