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Kaufman & Canoles

Be Warned: Defendant’s Motion to Dismiss Overdraft Fee Claims Denied

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Claims of unfair overdraft fees continue although it seems the media has taken a break from talking about them. A recent federal case in Virginia ruled in favor of all the Plaintiff’s counts and denied the Defendant’s Motion...more

Goodwin

CFPB Issues Guidance Emphasizing the Importance for Banks to Maintain Sufficient Proof of Customers’ Affirmative Consent to...

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In recent discussions surrounding banking practices, the issue of overdraft fees, particularly for ATM and one-time debit card transactions, has gained significant attention....more

Harris Beach PLLC

CFPB’s Circular 2024-05: Overdraft Services and Their Place in Regulation E’s Opt-In Regime

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The Consumer Financial Protection Bureau (CFPB) recently issued Circular 2024-05 (Circular). The CFPB considered whether financial institutions could violate the law by charging fees for providing overdraft services without...more

Womble Bond Dickinson

The Cookies that May Bite Back

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Would you like some milk with those website cookies? We know the common privacy joke. However, website cookies and online tracking technologies (collectively, “cookies”) are increasingly no joking manner as they can create...more

Cozen O'Connor

California Announces Dark Patterns as an Enforcement Priority

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With a growing number of states having passed comprehensive consumer data privacy laws (19 in total, with seven passed this year alone), state enforcement actions related to data privacy are growing increasingly common....more

Venable LLP

California Privacy Protection Agency Warns Businesses Against “Dark Patterns” and Urges “Symmetry in Choice”

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Not to be left behind by other regulators, the California Privacy Protection Agency (CPPA) recently issued an enforcement advisory on “dark patterns” in the context of the notice and consent required under the California...more

Cozen O'Connor

The State AG Report – 09.19.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Republican AGs Urge EPA to Block CA’s Clean Fleets...more

Ballard Spahr LLP

CFPB Reminds Financial Institutions to Retain Records of Affirmative Consent for Overdraft Opt-in

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On September 17, 2024, the CFPB issued Consumer Financial Protection Circular 2024-05 on improper overdraft practices. The circular reminded financial institutions of their obligation to retain records that prove the consumer...more

Cozen O'Connor

CFPB Warns Banks Against Use of Phantom Opt-In Agreements

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The CFPB issued guidance, titled Improper Overdraft Opt-In Practices, addressing whether a financial institution violates the law if it levies overdraft fees for ATM and one-time debit card transactions based on phantom...more

Troutman Pepper

CFPB Releases New Circular on Opt-In Requirements for Overdraft Services

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On September 17, the Consumer Financial Protection Bureau (CFPB or Bureau) published Circular 2024-05 (Circular) addressing whether a financial institution violates the Electronic Fund Transfer Act (EFTA) and Regulation E by...more

BakerHostetler

Seventh Circuit Decision Marks Win for Employers in FLSA Nationwide Collective Actions

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The U.S. Court of Appeals for the Seventh Circuit has delivered a significant win for employers by ruling that the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of California applies to Fair...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Joins Third, Sixth, and Eighth Circuits in Limiting Exercise of Personal Jurisdiction in FLSA Collective Actions

On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act...more

Fox Rothschild LLP

The Impact of Purdue Pharma

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It has been approximately two months since the highly anticipated Supreme Court decision in Harrington v. Purdue Pharma L.P., and it is already making a significant impact in bankruptcies around the country. In September...more

Seyfarth Shaw LLP

From Leniency to Scrutiny: The New FLSA Certification Landscape

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Seyfarth Synopsis: As reported by Seyfarth, the Fifth Circuit’s January 2021 decision in Swales v. KLLM Transport Services, LLC and the Sixth Circuit’s May 2023 decision in Clark v. A&L Homecare and Training Center, et al....more

Jackson Lewis P.C.

Another Circuit Rules Bristol-Myers Applies to FLSA Collective Actions, Bars Out-of-State Opt-Ins

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The U.S. Court of Appeals for the Seventh Circuit joins a growing number of federal circuits to hold the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb v. Superior Court, that sharply limited the use of nationwide...more

Pullman & Comley, LLC

It’s Not Spam: Why Your Retirement Plan Vendor May Be Trying to Get Your Attention (and Why You Should Respond)

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The Secure 2.0 Act of 2022 authorizes numerous new provisions that employers can choose to include or exclude in the retirement plans they sponsor. Recently, retirement plan vendors (vendors) have been sending communications...more

WilmerHale

California AG and Los Angeles City Attorney Announce CCPA/COPPA Enforcement Action Against Mobile App Game Maker

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On June 18, the California Attorney General (“AG”) and Los Angeles City Attorney announced a settlement with Tilting Point Media, the maker of a mobile app game called “SpongeBob: Krusty Cook-Off,” resolving allegations that...more

Sheppard Mullin Richter & Hampton LLP

A Wake-Up Call for Data Privacy in the Telecom Sector

The FCC continues to take a more active role in privacy with its enforcement of the customer propriety network information (“CPNI”) regulations. Recently, the FCC released Forfeiture Orders against the three largest mobile...more

Akin Gump Strauss Hauer & Feld LLP

Kentucky Data Protection Act: What Businesses Need to Know

On April 4, 2024, Kentucky became the fifteenth state to enact a comprehensive data privacy law, with Governor Andy Beshear signing the Kentucky Consumer Data Protection Act (KCDPA) into law. The Kentucky law will go into...more

Akin Gump Strauss Hauer & Feld LLP

Developments in the UK Sustainability Disclosure Requirements Regime

His Majesty’s Treasury (HMT) and the Financial Conduct Authority (FCA) have issued publications that seek to expand the application of the United Kingdom (UK) sustainability disclosure requirements (the SDR) and labelling...more

Moore & Van Allen PLLC

Balancing Supervision in a Virtual Environment: Key Points of FINRA’s New Voluntary Remote Inspections Pilot Rule

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Securities regulators have long been concerned with the potential regulatory risks associated with geographically dispersed broker-dealer offices, citing the observation that the distance of these offices from compliance and...more

Troutman Pepper

Nebraska Enacts Comprehensive Privacy Law

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On April 12, Nebraska Governor Jim Pillen signed Legislative Bill 1074 into law, making Nebraska the 16th U.S. state to enact a comprehensive privacy law. The Nebraska Data Privacy Act (NEDPA) will take effect on January 1,...more

Fisher Phillips

Your Third-Party Website Vendors Might Be Exposing Your Business to a New Theory of Liability: 3 Steps You Should Consider Right...

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What do a nearly 60-year-old statute on wiretapping and your website have in common? Enough to potentially impose liability on your organization, according to recent lawsuits. We have seen an astronomical increase in...more

Good2bSocial

15 Tips to Optimize Law Firm Email Marketing Campaigns

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Email has been an essential part of professional marketing since it was invented. Though tools have gotten more sophisticated and the best practices for using them have evolved, email is still one of the most effective...more

Benesch

REMINDER: Nevada Joins Washington with a Consumer Health Data Consent Law Now In Effect

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Nevada’s new consumer health data law—like Washington’s My Health My Data Act—implements strict—and separate—consent requirements for the collection and sharing of an individual’s health data, with few exceptions. March...more

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