News & Analysis as of

Private Right of Action Fair Credit Reporting Act (FCRA)

Davis Wright Tremaine LLP

Delaware's New Personal Data Privacy Act

The Delaware Personal Data Privacy Act (DPDPA or Act) became law on September 11, 2023, making Delaware the 13th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut,...more

Davis Wright Tremaine LLP

Texas Data Privacy and Security Act – An Overview

The Texas Data Privacy and Security Act (TDPSA) became law on June 16, 2023. Texas becomes the 11th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut, Utah, Iowa,...more

Mintz - Privacy & Cybersecurity Viewpoints

Mintz May Madness: Tennessee’s Information Protection Act Gets Us Thinking About NIST(y) Safe Harbors

The Volunteer State became the eighth state to enact a comprehensive data privacy law after Gov. Bill Lee (R) signed the Tennessee Information Protection Act (“TIPA”) into law yesterday, May 11. Tennessee joins a growing...more

Mintz - Privacy & Cybersecurity Viewpoints

Mintz May Madness: Comprehensive Data Privacy Laws Sweeping the Nation

Indiana's New Law is on the Books - Last month, three more state legislatures passed comprehensive data privacy laws. Just this week, Indiana’s governor signed one of them - the Indiana Consumer Data Privacy Act (“ICDPA’) -...more

Proskauer on Privacy

Going Beyond HIPAA – Washington Health Privacy Law Enacted: Broad Reach, Amorphous Scope, Big Litigation Risk

Proskauer on Privacy on

The Health Information Portability and Accountability Act (“HIPAA”) has long been described as the floor for health care privacy laws and that states and regulators are free to enact more restrictive health care privacy laws....more

Troutman Pepper

Federal District Court Grants Summary Judgment Dismissing Claim that Creditor Conducted an Unreasonable Investigation of a FCRA...

Troutman Pepper on

In Suluki v. Credit One Bank, N.A. (Credit One), the Southern District of New York recently granted summary judgement to a creditor in a suit alleging violations of the Fair Credit Reporting Act (FCRA) for failure to conduct...more

Troutman Pepper

Florida Federal Court Emphasizes Legal Disputes Do Not Give Rise to a Private Right of Action Against Furnishers

Troutman Pepper on

The Middle District of Florida rounded out 2022 by ruling in conformance with Eleventh Circuit precedent that plaintiffs must have a factual, rather than legal, dispute to bring suit against a credit furnisher under §1681s-2b...more

Mintz - Privacy & Cybersecurity Viewpoints

Connecticut is on the Privacy Move

On April 28, 2022, the Connecticut legislature took the final step to become very close to passing comprehensive consumer privacy legislation as the Connecticut House of Representatives voted 144-5 in favor of Senate Bill 6,...more

Womble Bond Dickinson

District Court Finds Equitable Relief Not Available to Private Litigants Under FCRA

Womble Bond Dickinson on

The U.S. District Court for the District of Columbia recently dismissed FCRA claims of a pro se Plaintiff finding that there is no private cause of action for equitable relief. In Jackson Phillip Mosley v. Bank Of America,...more

Hinshaw & Culbertson - Consumer Crossroads

CFPB Relaxes Enforcement of FCRA in the Wake of Coronavirus Crisis But Furnishers' Obligations to Consumers Remain Unchanged

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in response to the continuing threat posed by the coronavirus (COVID-19) pandemic. Among other provisions,...more

Snell & Wilmer

CFPB Outlines Responsibilities of Credit Reporting Agencies and Furnishers in Response to the COVID-19 Pandemic

Snell & Wilmer on

The Consumer Financial Protection Bureau (the “CFPB”) released a Policy Statement outlining the responsibilities of credit reporting companies and furnishers during the COVID-19 pandemic. As lenders continue to offer...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 31, 2020

Carlton Fields on

Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more

Mintz - Privacy & Cybersecurity Viewpoints

CCPA QOTD: What are the penalties for non-compliance with the CCPA?

Unless you have been living off the grid for the past year, you likely know that we are now down to 13 days and counting to the effective date of the California Consumer Privacy Act (CCPA). We have received hundreds of...more

Wilson Sonsini Goodrich & Rosati

CCPA Final Amendments: Where the Act Will Stand

With the close of the California legislative session on September 13, 2019, the final amendments to the California Consumer Protection Act ("CCPA") have been submitted to California Governor Gavin Newsom for his signature....more

Perkins Coie

CCPA Amendments Provide Important Clarification

Perkins Coie on

While privacy laws are proliferating globally, the California Consumer Privacy Act (CCPA) is California’s comprehensive and landmark legislation that seeks to give California consumers expanded rights to learn about and...more

McDermott Will & Emery

CCPA Update: Changes, Clarifications, but no Major Overhaul Heading to Governor’s Desk

McDermott Will & Emery on

The California Legislature passed several bills amending the forthcoming California Consumer Privacy Act (CCPA). Although the amendments contain some significant changes, outlined here, the most important and groundbreaking...more

Womble Bond Dickinson

CCPA Amendments Update

Womble Bond Dickinson on

Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. As a reminder, the CCPA takes effect January 1, 2020 and can apply to businesses even if they do...more

BCLP

Dutta: The Ninth Circuit Strikes Another Blow to FCRA Plaintiffs

BCLP on

On July 13, 2018, the United States Court of Appeals for the Ninth Circuit affirmed summary judgment against a plaintiff that lacked Article III standing to assert a claim under the Fair Credit Reporting Act, 15 U.S.C. §...more

Poyner Spruill LLP

Is the GDPR Coming to California? Ten Things You Need To Know About the California Consumer Privacy Act

Poyner Spruill LLP on

The ink had barely dried on the Alabama’s new data breach notification statute (which made it the 50th state to enact such legislation) when California upped the ante. In an effort to head off a November ballot initiative,...more

Miles & Stockbridge P.C.

California’s Consumer Privacy Act – The Beginning of a National Data Privacy Law?

California enacted the California Consumer Privacy Act on June 28, 2018. This law broadly expands the rights of California residents in their personal information collected through online means. The law imposes requirements...more

WilmerHale

California Enacts Sweeping Consumer Privacy Law

WilmerHale on

On June 28, 2018, California enacted the California Consumer Privacy Act of 2018 (CCPA), a sweeping privacy law that provides consumers with broad notice, access, and deletion rights concerning many types of personal...more

Seyfarth Shaw LLP

Philadelphia Restricts Employers’ Use of Credit History for Employment Purposes

Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective July 7, 2016, employers in Philadelphia are prohibited from procuring or using an applicant’s or employee’s credit history for employment purposes. On June 7, 2016, Philadelphia Mayor...more

Clark Hill PLC

The United States Supreme Court Issues Two (2) Important Rulings Today which Provide Important Interpretations of what is Consumer...

Clark Hill PLC on

In a 6-2 decision, the United States Supreme Court on Monday sided with an online "people search engine" company, Spokeo.com ("Spokeo"), to provide critical insight as to when and how consumers can sue for privacy violations...more

Robinson+Cole Class Actions Insider

Thoughts on Supreme Court Oral Argument in Spokeo, Inc. v. Robins

Yesterday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSBlog page). The question presented is “Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete...more

Arnall Golden Gregory LLP

Mark Your Calendar

The day is almost upon us. Halloween, you say? No, oral arguments in the Spokeo case. Way more exciting. Spokeo, Inc. v. Robins is important because it goes to the heart of when a claim for non-compliance can be brought...more

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