News & Analysis as of

Colorado Opt-Outs

Ballard Spahr LLP

Tenth Circuit sets briefing schedule in appeal from preliminary injunction granted to trade groups with respect to Colorado...

Ballard Spahr LLP on

We are following very closely this appeal to the 10th Circuit of the preliminary injunction issued by the Federal District Court for the District of Colorado to the plaintiffs (three trade groups) enjoining the Colorado...more

Ballard Spahr LLP

Magistrate Judge stays further proceedings pending resolution of 10th Circuit appeal in Colorado litigation challenging Colorado...

Ballard Spahr LLP on

We previously reported that, on July 18, the Colorado Attorney General and UCCC Administrator appealed to the 10th Circuit Court of Appeals challenging Judge Domenico’s order dated June 18 D. (Colo.) granting a preliminary...more

Ballard Spahr LLP

Colorado seeks stays of District Court proceedings and preliminary injunction

Ballard Spahr LLP on

We previously reported that, on July 18, the Colorado Attorney General and UCCC Administrator appealed to the 10th Circuit Court of Appeals challenging Judge Domenico’s order dated June 18 D. (Colo.) granting a preliminary...more

Ballard Spahr LLP

Colorado appeals to Tenth Circuit from Federal District Court order granting plaintiffs’ motion for a preliminary injunction in...

Ballard Spahr LLP on

On the very last day for filing an appeal, the Colorado Attorney General and UCCC Administrator filed a Notice of Appeal to the Tenth Circuit Court of Appeals of the Colorado federal district court’s order in favor of the...more

Ballard Spahr LLP

Plaintiffs file amended complaint in Colorado opt-out litigation

Ballard Spahr LLP on

Here is an update on the lawsuit filed by three trade associations against the Colorado Attorney General and UCCC Administrator challenging the application of the Colorado opt-out statute to out-of-state, state chartered,...more

Ballard Spahr LLP

Colorado provides some (but not enough) guidance on new general-purpose credit card carve-out

Ballard Spahr LLP on

In the same 2023 bill (House Bill 23-1229) that included Colorado’s DIDMCA opt-out**, Colorado adopted a statute excepting certain “general-purpose credit cards”, as defined, from the state’s limitations on finance charges...more

Ballard Spahr LLP

Colorado UCCC Administrator issues interpretive opinion letter regarding Colorado opt-out law

Ballard Spahr LLP on

On April 22, 2024 (almost 2 months before Judge Daniel Domenico issued a preliminary injunction against the UCCC Administrator and Colorado Attorney General), Administrator Martha Fulford issued an Interpretive Opinion Letter...more

Husch Blackwell LLP

Colorado's DIDMCA Opt Opt Paused for Bank Loans Made Out of State

Husch Blackwell LLP on

The financial services industry has (finally) received some good news. Last week, a federal court granted a preliminary injunction to stop Colorado from enforcing interest and certain fee limitations under the Colorado...more

Ballard Spahr LLP

Colorado federal court issues preliminary injunction prohibiting Colorado from enforcing DIDMCA opt-out to loans made to Colorado...

Ballard Spahr LLP on

The Colorado federal district court hearing NAIB, et al v. Weiser, et al., the lawsuit filed by three consumer financial services industry trade groups challenging Colorado’s opt-out legislation, has granted the plaintiffs’...more

Sherman & Howard L.L.C.

2024 Colorado Privacy Act Provision Updates

The Colorado Privacy Act (CPA) went into effect on July 1, 2023, but there are a couple new provisions going into effect this year that businesses need to consider. •Starting on July 1, 2024, controllers and processors...more

Ballard Spahr LLP

Colorado rate exportation litigation: Why Colorado and the FDIC are wrong about where a loan is made for purposes of DIDMCA...

Ballard Spahr LLP on

Last week, we blogged about arguments by Colorado and the FDIC in their briefs opposing a motion for preliminary injunction that would enjoin application of Colorado’s opt-out statute with respect to loans by FDIC-insured...more

McGlinchey Stafford

Colorado’s DIDMCA Opt-Out Challenged by Trade Associations in Federal Court

McGlinchey Stafford on

On March 26, 2024, the National Association of Industrial Bankers (NAIB), American Financial Services Association (AFSA), and American Fintech Council (AFC) (collectively, “Trade Associations”) filed a complaint in the United...more

Sheppard Mullin Richter & Hampton LLP

Lenders Sue to Block Colorado’s Interest Rate ‘Opt-Out’ Law

On March 25, a coalition of trade groups filed suit in the United States District Court for the District of Colorado, challenging a Colorado law which would have opted the state Section 521 of the Depository Institutions...more

Robinson+Cole Data Privacy + Security Insider

Universal Opt-Out Mechanism for Consumers in Colorado

Similar to the well-known California Consumer Privacy Act, on July 1, 2024, the Colorado Privacy Act (CPA) goes into effect and will provide Colorado residents with express rights over their data collected by businesses. The...more

Sheppard Mullin Richter & Hampton LLP

Bookmark This!: Colorado Launches Universal Opt Out Mechanism List

In anticipation of July 1, 2024, requirements to allow consumers the ability to use “universal opt out mechanisms” in certain circumstances, Colorado has posted its “universal opt out shortlist.” The list is indeed short....more

Alston & Bird

Colorado AG Recognizes Global Privacy Control as the First Valid Universal Opt-Out Mechanism

Alston & Bird on

On December 29, 2023, the Colorado Attorney General (the “AG”) announced that the Global Privacy Control (“GPC”) will become the first universal opt-out mechanism (“UOOM”) the AG considers valid under the Colorado Privacy Act...more

Husch Blackwell LLP

Comment Period Closes for Potential Colorado Privacy Act Universal Opt-Out Mechanisms

Husch Blackwell LLP on

Keypoint: The Colorado Attorney General’s office has received public comments on its short-list of universal opt out mechanism applicants and will need to identify any qualifying mechanism by January 1, 2024....more

Troutman Pepper

Colorado AG Releases Personal Data Universal Opt-Out List for Public Comment

Troutman Pepper on

Similar to other state consumer data protection acts enacted over the past two years, the Colorado Privacy Act (CPA) allows Colorado consumers to opt out of the sale of personal data and the processing of such data for...more

Wyrick Robbins Yates & Ponton LLP

Shortlisted: The Colorado Attorney General Identifies Three Potential Universal Opt-Out Mechanisms for Upcoming CPA Opt-Out...

The Colorado Privacy Act may have taken effect earlier this year, but that doesn’t mean all companies that do business in Colorado and fall within the scope of the law can take it easy just yet. Rather, for those companies...more

Balch & Bingham LLP

Colorado Attorney General Submits Universal Opt-Out Mechanism Shortlist for Public Comment

Balch & Bingham LLP on

Under the Colorado Privacy Act (“CPA”), consumers have express rights to opt out of the sale of personal data as well as the processing of personal data for targeted advertising. Effective July 1, 2024, organizations covered...more

Ballard Spahr LLP

Colorado Publishes Universal Opt-Out Mechanism Shortlist

Ballard Spahr LLP on

The Colorado Department of Law (“DoL”) has published a shortlist of potential universal opt-out mechanisms (“UOOMs”). Beginning on July 1, 2024, companies will be required to allow consumers to opt out of the sale of their...more

Sheppard Mullin Richter & Hampton LLP

The Comprehensive Privacy Law Deluge: Impact on Loyalty Programs

Among the various requirements under US state comprehensive privacy laws, those that relate to loyalty programs may be some of the most confusing. Only three states — California, Colorado and Florida — regulate these...more

Ballard Spahr LLP

Colorado opt-out signed into law, effects to be seen

Ballard Spahr LLP on

As anticipated, on June 5, 2023, Colorado Governor Jared Polis signed into law Colorado HB23-1229, which will exclude consumer loans made in Colorado from the provisions of Section 521 of the Depository Institutions...more

Troutman Pepper

Colorado Passes Legislation Seeking to Stop State-Chartered Banks from Preempting Colorado’s Usury Limit

Troutman Pepper on

As discussed here, in April 2023, Colorado introduced HB 1229 that proposed to limit certain charges on consumer loans and simultaneously opt Colorado out of sections 521-523 of the Depository Institutions Deregulation and...more

Holland & Hart LLP

What's At Stake In New Colo. Consumer Lending Bill

Holland & Hart LLP on

"No man of ripe years and of sound mind, acting freely, and with his eyes open, ought to be hindered, with a view to his advantage, from making such bargain, in the way of obtaining money, as he thinks fit: nor, (what is a...more

65 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide