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Consumer Protection Updates

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

Top Advertising Law Enforcement Trends for the New Year

by Perkins Coie on

This holiday season, brands are ready for bustling sales, special offers and joyful consumers. However, with regulators on the lookout for deceptive practices and plaintiffs’ attorneys ready to file class actions, the...more

New York Regulation of Consumer Reporting Agencies Following Data Breaches

by Ballard Spahr LLP on

This week, New York Governor Andrew Cuomo issued a press release directing the New York Department of State to issue a new regulation impacting consumer reporting agencies....more

Senate Passes the Criminal Antitrust Anti-Retaliation Act, and Takes Another Shot at Increased Protections for Whistleblowers

On November 15, 2017, the United States Senate passed the Criminal Antitrust Anti-Retaliation Act of 2017 (“CAARA”). This Act would amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (“ACPERA”), and would...more

CFPB data collection freeze impacting CFPB examinations

by Ballard Spahr LLP on

Since Mick Mulvaney’s appointment by President Trump as CFPB Acting Director, there have been widespread media reports about Mr. Mulvaney’s plans to impose a freeze on the CFPB’s collection of personally identifiable...more

CFPB’s Ombudsman’s Office issues sixth annual report

by Ballard Spahr LLP on

The CFPB’s Ombudsman’s Office has issued its sixth annual report covering the Office’s activities during fiscal year 2017 (October 1, 2016 through September 30, 2017).  The role of the Ombudsman’s Office is to assist in the...more

Federal Circuit Partially Lifts Ban on Education Department’s Default Collection Efforts; Court of Federal Claims Orders...

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Federal Circuit has partially lifted a preliminary injunction that prevented the U.S. Department of Education (Department) from placing defaulted student loans with private collection...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Republican Todd Atwater Announces Bid for South Carolina Attorney General- Republican state Representative Todd Atwater has declared his candidacy for South Carolina AG in 2018. ...more

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

‘Scandals spawn hashtags and disasters breed domain names’. EQUIFAX DOMAINS…PART TWO

A few weeks ago, we reported that Equifax was successful in wresting over 125 domain names from squatters who were hoping to cash in on the publicity behind the Equifax security breach. For those that have been in a sensory...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

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

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