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
The French Data Protection Authority (CNIL) recently imposed a EUR 310,000 fine, representing 1% of its turnover, on FORIOU, a telemarketing company promoting loyalty programs. The fine stemmed from FORIOU’s use of...more
Each year, the CNIL selects key areas of high interest to concentrate its investigations and assess the compliance of select commercial sectors. On February 8, The CNIL announced its four main areas of focus for...more
On March 15, 2023, the Colorado Attorney General’s Office announced the finalization of the Regulations implementing the Colorado Privacy Act (CPA), which will take effect on July 1, 2023. Covered businesses that make use of...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
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) 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
CYBERSECURITY - FBI Warns Olympics/Paralympics Participants of Cyber “Activities” - On January 31, 2022, the FBI issued a Private Industry Notification entitled “Potential for Malicious Cyber Activities to Disrupt the...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
In the age of information, data is king. Keeping that point in mind, cannabis companies are flocking to build defensible market positions through cannabis loyalty programs. Cannabis loyalty programs are becoming more popular...more
Be part of this renowned event which shape the law, policy and proceedings of Canadian advertising and marketing law. Attend the Canadian Institute’s 27th Annual Virtual Conference on Advertising & Marketing Law to delve...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
As summer was coming to a close last week (and people everywhere were doing best to hang onto the last few glimmers), there was little noteworthy news coming out of the distribution world. Enjoy....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
- The Washington state Senate has passed its version of a consumer data privacy bill as state lawmakers debate proposed legislation for the Washington Privacy Act, the state’s first data privacy law. - In their own bill,...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
Probably not. The CCPA broadly defines the term “sale” as including the act of “disclosing” or “making available” personal information “for monetary or other valuable consideration” from one business to another. The...more
No. The CCPA broadly defines the term “sale” as including the act of “disclosing” or “making available” personal information “for monetary or other valuable consideration” from one business to another. In the context of...more
Yes. Some of the rights conferred by the CCPA are limited to data collected “from the consumer” whereas other rights apply to data “collected about” a consumer. Access rights are part of the latter category....more
No. The CCPA provides as an exception to its prohibition against discrimination situations in which a “price or difference” is related to the value provided to a business by the consumer’s data....more
Generally, yes. To the extent that a loyalty program collects personal information, it is required to provide a privacy notice consistent with the CCPA. One of the rights granted to individuals under the CCPA is the...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
Anytime a new statute or regulation comes along, some law firms unfortunately flag issues that may not be of true concern to companies, or highlight problems that may not, in fact, exist. Unfortunately, that continues to...more
On September 13, 2019—the last day of the legislative session—California lawmakers approved five amendments intended to clarify the scope of the California Consumer Privacy Act (the “CCPA”), but rejected several...more