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Consumer Protection Updates

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

Court dismisses NYDFS lawsuit challenging special purpose national bank charter for fintech companies

by Ballard Spahr LLP on

A New York federal district court has dismissed the lawsuit filed by the New York Department of Financial Services (DFS) challenging the OCC’s authority to grant special purpose national bank (SPNB) charters to nondepository...more

Democratic state AGs threaten aggressive use of enforcement authority in letter to President Trump

by Ballard Spahr LLP on

The Democratic attorneys general of 15 states and the District of Columbia have sent a letter to President Trump in which they express their support for the CFPB’s consumer protection mission and criticize the President’s...more

The preclusive effect of a Congressional override of the CFPB dealer pricing bulletin: we think Professor Levitin’s premise is...

by Ballard Spahr LLP on

As we reported recently, the Government Accountability Office has determined that CFPB Bulletin 2013-02 on dealer pricing in indirect auto finance (“Dealer Pricing Bulletin” or “Bulletin”) is a “rule” subject to review under...more

AD-ttorneys@law

by BakerHostetler on

The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that protects appropriately registered online service providers from potential secondary liability for the infringing acts of others. Ironically, in...more

Proposed Law Would Criminalize Failures to Report Data Breaches

A draft bill recently introduced in the U.S. Senate serves as a good reminder that compliance with data breach reporting requirements is critical. This bill follows significant, high-profile data breaches by Uber and Equifax,...more

Update on Florida's Emergency Generator Rules

by Baker Ober Health Law on

On September 15, 2017, Florida Governor Rick Scott directed that by November 15, 2017, all nursing homes and assisted living facilities in the state were to install generators capable of powering air conditioning systems for...more

In the Continuing Battle Over Standing, Fair Credit Reporting Act Class Action Plaintiffs Must Show Actual Injury For Failure to...

by Akerman LLP - HR Defense on

Employers who run background checks on prospective employees take note – applicants who sue prospective employers for Fair Credit Reporting Act violations for failure to provide notice in a stand-alone format may not be able...more

CUNA supports Mulvaney as Acting CFPB Director

by Ballard Spahr LLP on

On December 12, the Credit Union National Association (“CUNA”) filed an amicus brief in D.C. Federal District Court. In the brief, CUNA opposes Leandra English’s motion for a preliminary injunction. English seeks to block...more

Cybersecurity 2018 – The Year in Preview: Privacy and Security in Educational Institutions

Editors’ Note: This is the sixth in a multi-part end-of-year series examining important trends in data privacy and cybersecurity during the coming year. Previous installments include analyses of HIPAA compliance, emerging...more

EU Data Protection Authorities Release Report on Privacy Shield

by King & Spalding on

On November 28, 2017, the statutorily-appointed independent EU advisory body known as the Article 29 Working Party (“WP29”) released its report following the First Annual Joint Review on the EU-U.S. Privacy Shield (“Privacy...more

New Amendments to Proposition 65 Provide Clarity and Guidance to Clear and Reasonable Warning Requirements

by Reed Smith on

The California Office of Environmental Health Hazard Assessment (“OEHHA”) announced the approval of new amendments to regulations implementing the Safe Drinking Water and Toxic Enforcement Act of 1986, more commonly known as...more

Spokeo Standing in 2017

by McGuireWoods LLP on

With the year ending, and McGuireWoods’s webinar next week on class actions’ Hot Issues of 2017 approaching, this seems like a good time to take note of a few of the trends we have seen arising in class actions over the last...more

Lawmakers Seek to Keep Things Private

Federal lawmakers are considering the Consumer Privacy Protection Act of 2017, a new bill that would regulate the storage online of certain types of personal consumer information....more

UK High Court: Employers May Be Vicariously Liable for Employee Data Breaches

by Morgan Lewis on

The ruling stems from a case that signals a growing trend toward group action litigation involving data protection, and poses new risks for companies who should respond with increased vigilance in employee recruitment,...more

Investing Intelligently in an E-Commerce Company: Challenges & Potential Innovations

by Dentons on

By 2027, Singapore’s e-commerce market is predicted to grow five-fold – to at least US $5.4 billion (S$7.5 billion), according to a study by Google and Temasek Holdings. E-commerce markets in other parts of Asia are also...more

Five amicus briefs in support of Leandra English filed in CFPB Acting Director dispute

by Ballard Spahr LLP on

Five amicus briefs were filed last Friday in support of the motion for a preliminary injunction filed by Leandra English in her action seeking a declaration that she, rather than Mick Mulvaney, has the legal right to serve as...more

Privacy Shield: Article 29 Working Party Calls Upon the European Commission and US Authorities to Restart Discussions

On November 28, 2017, the EU’s Article 29 Working Party issued its report on the First Annual Joint Review of the EU-US Privacy Shield, which was conducted on September 18-19, 2017....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

Financial Services Report – Winter 2017

by MoFo Reenforcement on

EDITOR’S NOTE - The holidays came early for the financial services industry. First, the Senate voted to repeal the CFPB’s rule banning class waivers in arbitration agreements in consumer financial contracts. Then,...more

Innovator Liability – A Word to the Wise

by Reed Smith on

A lot of us attended the annual ACI Drug & Medical Device Litigation Conference in New York City last week. One of the messages sent loud and clear from the initial client round table panel is that our clients don’t like...more

CPSC Issues Final Rule Expanding Phthalate Ban

Nearly ten years after the first three phthalates were banned from children’s toys by Congress, the U.S. Consumer Product Safety Commission (CPSC) issued a final rule on October 27 prohibiting five more. The rule bans the...more

Sears Tries to Sell FTC on Settlement Tweaks

Should the Federal Trade Commission revise its 2009 settlement with Sears involving the company’s data security practices? In an administrative complaint, the FTC alleged that Sears Holdings Management Corp. failed to...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

Federal Reserve Settles with Pennsylvania Bank Over Alleged Deceptive Student Lending Practices

by Goodwin on

On December 6, 2016, the Federal Reserve Board announced that it entered into a consent order with a Pennsylvania bank ordering it to cease and desist deceptive student lending practices, and assessing millions of dollars in...more

Article 29 Working Party Sets Deadline to Address Privacy Shield Concerns

by Hogan Lovells on

Hot on the heels of the European Commission’s official review of the functioning of the EU-U.S. Privacy Shield framework, the Article 29 Working Party (Working Party) of EU data protection regulators has issued its own report...more

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