Rewards Programs and Co-Brand Relationships Between Credit Card Issuers and Merchants - The Consumer Finance Podcast
Do Gift Cards Keep on Giving How the Law Affects the Consumer, the Retailer and the State
What is loyalty? Ask a mob boss, a Los Angeles Lakers fan and a Labrador retriever, and you might get three different answers. Ask a retailer, and they’ll likely tell you that a loyalty program can be a great tool for...more
On September 30, 2022, the Colorado Attorney General’s Office (the AG’s Office) released draft regulations to the Colorado Privacy Act (the CPA). Before these proposed regulations take effect, however, there will be a lengthy...more
On August 24, 2022, California Attorney General Rob Bonta announced a settlement with Sephora, Inc. that included a fine of $1.2 million for alleged violations of the California Consumer Privacy Act (CCPA). The settlement is...more
On August 24, 2022, California Attorney General Rob Bonta (“CA AG”) announced a $1.2 million settlement with Sephora, Inc. (“Sephora”), marking the first announced enforcement action under the California Consumer Privacy Act...more
Since its enactment at the beginning of 2020, the California Consumer Privacy Act (CCPA) has garnered a significant amount of attention. The watershed legislation, which is intended to strengthen privacy rights in the state...more
On January 28, 2022, the California Attorney General (AG) sent out numerous notices alleging noncompliance with the California Consumer Privacy Act (CCPA) as part of an “investigative sweep” of covered businesses’ loyalty...more
United Kingdom New Standard Contractual Clauses Submitted to Parliament - The United Kingdom has finalized its new International Data Transfer Agreement and Addendum to the new EU standard contractual clauses. Subject to...more
On January 28, 2022, the California Attorney General (AG) announced an “investigative sweep” of businesses operating loyalty programs in the state, which it launched by sending multiple businesses notice of noncompliance with...more
To celebrate Data Privacy Day, on January 28, California Attorney General Rob Bonta announced an investigative sweep of businesses offering loyalty programs in California. This should come as no surprise, as Attorney General...more
The California Attorney General put loyalty rewards programs directly in his sights when he recently announced an “investigative sweep” of a number of businesses operating such programs in state. While it is lawful for...more
On January 28, California Attorney General Rob Bonta announced that his office was beginning an “investigative sweep” of businesses operating consumer loyalty programs in California. The California AG’s press release stated...more
Keypoint: With the CCPA’s “right to cure” violations expiring at the end of the year, businesses should take note of the AG’s recent enforcement efforts and, to the extent necessary, provide the requisite notice of financial...more
On Jan. 28, 2022, the California Attorney General Rob Bonta (AG) published a statement putting businesses that operate loyalty programs on notice that the California Consumer Privacy Act (CCPA) requirements for a Notice of...more
California Attorney General Rob Bonta is serious about compliance with the California Consumer Privacy Act (CCPA). So serious, that on January 28, 2022, also known as Data Privacy Day, he announced that his office was...more
On Friday, January 28, 2022, the California Office of Attorney General issued a press release announcing that California DOJ sent notices alleging non-compliance with the California Consumer Privacy Act (CCPA) to a number of...more
Not necessarily. If a loyalty program constitutes a “financial incentive,” the regulations implementing the CCPA require that a business provide a “notice of financial incentives” which, among other things, should include...more
Arguably no. The CCPA makes clear that a business can offer different prices or rates to consumers as part of a financial incentive program if those different prices or rates are “directly related to the value provided to...more
Loyalty programs are structured in a variety of different ways. Some programs track dollars spent by consumers, others track products purchased. Some programs are free to participate in, others require consumers to purchase...more
When asked in comments to the California Consumer Privacy Act regulations whether a loyalty program constitutes a financial incentive under the act, the California Attorney General responded “maybe.”...more
On March 11, the California Attorney General released revised draft regulations for the California Consumer Privacy Act (CCPA). This third version of the revised regulations is available here. The comment period for those...more
Yes. Some retailers have expressed confusion about whether a loyalty program might be considered a “financial incentive” program under the CCPA. If a loyalty program were classified as a “financial incentive program,” it...more
Probably not. The CCPA states that a business may offer “financial incentives, including payments to consumer as compensation, for the collection of personal information...” If a financial incentive is offered, the CCPA...more
Our holiday-abbreviated OTA & Travel Distribution Update is below. Happy Holidays....more
The California Attorney General Xavier Becerra on Oct. 10, 2019, released the proposed text for the California Consumer Privacy Act Regulations (Regulations). The Regulations are intended to guide businesses on CCPA...more
With the January 1, 2020 effective date of the California Consumer Privacy Act (the “CCPA”) rapidly approaching, all eyes have been on the California legislature’s consideration of a robust suite of amendments that would...more