Connecticut has become the latest state to introduce extensive privacy protections for consumer health data. As a first among states, the newly enacted legislation intertwines health data protections into an already established comprehensive consumer privacy law. Having taken effect on July 1, 2021, the new law, titled S.B. 3, makes critical amendments to the Connecticut…
FirstSun Capital Bancorp, the company acting as the parent to Sunflower Bank, Guardian Mortgage, and First National 1870 (known collectively as “Sunflower”), has recently reported a significant data breach. This problematic incident allowed an unauthorized individual or group access to sensitive consumer information, according to the official notice filed with the Attorney General of California….
Uncertainty continues to cast a shadow over data transfers between the European Union and the United States. A newly adopted framework aimed at facilitating these exchanges has sparked discussions about its legal soundness. On 20th September 2023, the European Commission published its Adequacy Decision for US companies, certified under the Data Privacy Framework (DPF), as…
Significant progress has been made in the realm of web accessibility. After more than five years in the making, including almost an entire year of delays, the Web Content Accessibility Guidelines (WCAG) have finally been updated. On Thursday October 5, 2023, the private institution enhancing online user experiences worldwide, the World Wide Web Consortium (W3C),…
Alaska’s preeminent orthopaedic medical practice, OrthoAlaska, announced a notice of data breach affecting 176,203 patients, as seen in a public report on JDSupra. As stated in the official notification dated September 22, 2023, data entrusted to the company was the subject of unauthorized access, seized by an unnamed third-party. The notice was filed with the…
In the realm of business, the use of a word, phrase, symbol, design, or any combination of these is commonly referred to as a trademark. The purpose of a trademark is to identify goods or services that an individual or company provides. Such markers play a crucial role in distinguishing one entity’s offerings from another…
Early last month, the Supreme Court engaged in oral arguments surrounding the case of Consumer Financial Protection Bureau v. Community Financial Services Association of America Ltd (CFPB v. CFSA). This represents an appeal of the 2021 Western District of Texas ruling which defends the Payday Lending rule and the CFPB’s funding structure. The Fifth Circuit…
The European Council and the European Parliament have announced a provisional agreement on the proposal for regulation on Markets in Cryptoassets (MiCA), according to an update published by Dechert LLP. The annoucement was made on June 30, 2022, marking a significant milestone in the legislative process. The text of MiCA was published in the Official…
In response to the escalating issue of first-party or “friendly fraud” related to card-not-present transactions, Visa, Inc. has announced a refreshing revision of its dispute process on September 28. For our legal professionals particularly interested in consumer protection and financial regulation, this development warrants attention. Friendly fraud occurs when a consumer makes an online purchase…
The U.S. Supreme Court heard oral arguments in the case of CFPB v. Community Financial Services Association of America on October 3, 2023. This highly significant case involves exploring whether the Consumer Financial Protection Bureau’s (CFPB) funding structure is in violation of the Constitution’s Appropriations Clause. The CFPB is an agency that has long sparked…
On October 6, 2023, Flagstar Bank, N.A. reported a significant data breach, which was notably conducted via a third-party server, Fiserv’s MOVEit. The breach led to the exposure of confidential user data, the magnitude of which is expected to encompass as many as 837,000 Social Security numbers. Flagstar Bank dutifully filed a notice with the…
After a notable rise of corporate Chapter 11 filings last spring, comparable to the numbers seen during the Great Recession, recent reports suggest that bankruptcy practices are on pace for a stronger year than that of 2021 or 2022. That said, if the current trends continue, the number of large corporate bankruptcies this year could…
In recent years, many women have initiated lawsuits against hair product companies like Revlon and L’Oréal, an alarming trend worthy of legal and consumer attention. The root of these allegations lies mainly in the alleged side effects of chemical hair straighteners, especially considering the increased risk of developing uterine cancer. According to details from a…
In a decisive action against alleged anti-competitive practices, the Federal Trade Commission (FTC) has recently registered a federal lawsuit against the e-commerce titan, Amazon. This action underscores FTC’s robust approach towards the enforcement of antitrust laws, a move which has been stoutly supported by seventeen other states that have vouched to join in this legal…
Renowned audio equipment manufacturer, Sonos, is caught in a products liability class action lawsuit. The case centers around the company’s Arc soundbar, reportedly harboring a defect which users have ominously dubbed the ‘Pop of Death’. This irregular yet jarringly loud sound is said to occur when the system is used in conjunction with Dolby Atmos…
Effective October 1, 2023, the California Department of Financial Protection and Innovation’s (DFPI) regulations now contain expanded enforcement rules addressing unfair, deceptive, and abusive acts and practices (UDAAP) for select commercial financial activities. This recent development signals a growing focus on consumer protection, specifically in the commercial financing sector. It’s important for corporate legal professionals…
In recent legal news, Winter Storm Uri’s power dispute has reached the doors of the Supreme Court of Texas. On September 29, 2023, the court declared its intent to review a lower court’s reversal of two orders related to the storm issued by the Public Utility Commission of Texas (PUCT). These orders date back to…
In the final quarter of the year 2023, numerous market and regulatory developments are anticipated to affect the UK’s insurance sector significantly. This ongoing landscape continues to inform and possibly challenge corporations, law firms, and regulatory bodies. Changing world events dictate that every legal professional stays informed and aligned to the shifting dynamics in this…
In an unprecedented move, the New York Department of Financial Services (NYDFS) has proposed updated guidance on the listing of cryptocurrencies. The announcement arrived on September 18, 2023 as part of the department’s ongoing Virtual Operations, Lending, and Transactions (VOLT) initiative to maintain and strengthen the oversight of virtual currencies. The proposed guidance entails a…
In a recent legal development, officials are starting to clamp down on fraudulent practices in niche markets such as timeshares. An exemplar of this emerging trend can be seen in the legal action undertaken by Missouri Attorney General (AG) Andrew Bailey, targeting practices in the timeshare exit industry. Specifically, the AG filed a lawsuit against…
On the 21st of September, The Consumer Financial Protection Bureau (CFPB) initiated a rulemaking process to make significant amendments to the Fair Credit Reporting Act (FCRA), as reported by law firm Sheppard Mullin Richter & Hampton LLP on JD Supra. The proposed changes are centered around the exclusion of medical bills from consumer credit reports….
On October 19, the Federal Communications Commission (FCC) stands poised to adopt a Notice of Proposed Rulemaking (NPRM). This critical step is expected to propose the reclassification of broadband internet access service as a “telecommunications service” under Title II of the Communications Act. There’s much anticipation in the air as this long-awaited stride paves the…
Last month saw a class-action lawsuit targeting an undisclosed national bank in California. Initiated by a cardholder, the lawsuit alleges the bank did not inform the consumer that their automatic payment enrollment would be canceled following a period of credit card inactivity. For legal professionals closely observing regulatory movements, this case marks another development in…
In a significant development in global tech regulation, the UK’s Competition and Markets Authority (“CMA”) has published an initial report detailing its approach to competition and consumer protection issues arising from artificial intelligence (“AI”) foundation models. This announcement signals the UK agency’s intent to proactively supervise AI technology and vigorously enforce related rules. Its move…
The rapid rise of arbitration as a preferred method for dispute resolution especially within corporate settings, is hardly ignorable. Mandatory arbitration provisions are increasingly becoming a common sight in a variety of commercial contracts, particularly in consumer agreements. As indicated in a recent study in 2018, 81 out of America’s 100 largest companies incorporate binding…