On October 2, 2023, Greater Dallas Healthcare Enterprises (GDHE) issued an important notice revealing a data breach incident, where an authorized individual somehow managed to gain access to an employee’s email account. This significant data security incident came to light when GDHE filed a notice of the breach with the Attorney General of Texas. The…
In recent times, benefits offered by loyalty programs have become important staples for many businesses and their customers. How these programs are defined and perceived legally, however, is an intricate matter – one further complicated by the burgeoning comprehensive privacy laws being enacted in various U.S. states. Presently, only three states — California, Colorado, and…
The United States Supreme Court are leaning away from the radical move of nixing the Consumer Financial Protection Bureau’s (CFPB) funding structure. Notably, the court’s conservative justices seemed disinclined towards arguments stipulating the consumer financial watchdog as unconstitutional. The case holds considerable implications for the financial regulation sector and other legal fields in the U.S….
In a noteworthy legal development within the health industry, Arietis Health, LLC recently filed a notice of data breach with the Attorney General of Texas. This was triggered by the discovery of a hacker exploiting a vulnerability in the MOVEit file-transfer application, utilised by Arietis Health. The incident, as detailed by Arietis Health in the…
In an important ruling for European competition law, the EU General Court has upheld a previous 2021 decision by the European Commission that found certain geo-blocking agreements to be antithetical to EU competition law. The case in question related to activation keys for PC video games, and was confirmed on 27 September 2023. Details of…
In an unexpected turn of events, the Federal Trade Commission (FTC) has recently flagged what can be classified as a novel form of unsportsmanlike conduct. According to a notice it sent to five tax preparers, the commission expressed its intent to pursue civil penalties if these entities continue to utilize consumers’ data for motives beyond…
In an agreement to resolve a multitude of consumer lawsuits, AstraZeneca Pharmaceuticals will pay $425 million. The plaintiffs, approximately 11,000 in number, claimed to have suffered kidney injuries subsequent to their use of the drugs Nexium and Prilosec. This settlement, unveiled on Tuesday, makes it the largest to date in the multidistrict litigation centered around…
The Federal Trade Commission (FTC) has issued a Notice of Penalty Offenses to specific tax preparation firms regarding potential misuse of confidential consumer data in direct violation of the Federal Trade Commission Act (FTCA). The statement was highlighted in a JD Supra article. This move by the FTC raises substantial cause for worry among tax…
Welcome to this brief overview of recent developments and forthcoming actions from the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC), as discussed in Wiley’s recent update. This article will analyze the latest regulatory announcements, recap key enforcement actions, preview deadlines and events, as well as provide links to more detailed analysis. Staying…
In a recent ruling that has drawn the attention of legal professionals across the globe, the Ninth Circuit proclaimed that some felony convictions for shipping misbranded drugs do not necessitate proof of scienter – that is, evidence that the defendant was cognizant of the fact that he or she was shipping misbranded drugs. Hence, no…
Recently, the EU General Court (GC) made the final call on a highly significant antitrust case involving game publishers and geo-blocking strategies. On September 27, 2023, the GC rejected an appeal by Valve Corporation, affirming a January 2021 decision made by the European Commission (Commission). The Commission’s original ruling found that Valve Corporation, along with…
Since taking office in 2021, the Prime Minister of Japan, Kishida Fumio, has been known for his quest to pioneer “a new form of capitalism”. A significant part of his vision is rooted in the creation and implementation of a “national strategy” aimed at the expansion of Japan’s digital economy in the age of Web…
The landscape of Privacy and Cybersecurity is undeniably dynamic. In just one month, there have been numerous developments and rulings that are affecting the sector. Legal professionals operating in the data privacy and cybersecurity sphere need to stay abreast of these developments. In the month of September alone, several significant events have taken place. Delaware…
Recent developments reveal that the Consumer Financial Protection Bureau (CFPB) has issued a Consumer Protection Circular known as “Adverse Action Notification Requirements and the Proper Use of the CFPB’s Sample Forms Provided in Regulation B” on September 19, 2023, according to a report from Morrison & Foerster LLP. The new guidance pertains to lenders’ obligations…
In recognition of Cybersecurity Awareness Month, FBI Director Christopher Wray has made a public appeal for cooperation in fighting the escalating menace of cyber attacks. This insistence came to light in his recent appearance at Mandiant’s annual mWISE 2023 conference, as reported in CIODive. Wray is calling on the public and private sectors to reconsider…
Last week, a healthcare-focused market research firm, Trilliant Health, unveiled a crucial report highlighting the key economic trends influencing stakeholders in the U.S. healthcare industry this year. The report spotlighted several key themes including the declining physical and mental health of Americans, the shift away from conventional care pathways, and a growing patient-driven consumerist approach…
Future Motion Inc., creator of the Onewheel electric skateboard, recently conceded to a pressured recall by federal regulators, amidst the weight of 135 filed lawsuits attributing to product-related injuries and fatalities. Ten months prior, despite warnings from the U.S. Consumer Product Safety Commission urging consumers to cease use of the boards due to increasing incidents…
Understanding the intricacies of the Virginia Alcoholic Beverage Control Act can be pivotal for companies in the wine, brewery, and retail industry, particularly those looking to engage in direct-to-consumer (DTC) sales across multiple states. As the legal landscape continues to develop, recently there’s been a shift in perspective, scrutinizing the licensing requirements for out-of-state online…
On September 29, 2023, a notable data breach occurred at Cornerstone Home Lending. A formal notice was subsequently filed with the Texas Attorney General, alerting them to the cybersecurity incident. According to the information provided, unauthorized access to consumer data was detected, indicating a violation of privacy policies and potentially leading to significant legal implications…
In a recent ruling by the U.S. District Court for the Southern District of Georgia, it was established that the statute of limitations for claims made under the Fair Debt Collections Practices Act (FDCPA) commences at the point when the consumer is served with a copy of the related complaint. This decision came to light…
In a significant legislative development, members of Congress have proposed the “Tobacco Tax Equity Act of 2023” (S.2929 and H.R.5715), a bill aiming to bring about a considerable increase in tobacco tax. The bill, introduced in both the U.S. Senate and House of Representatives, seeks to reshape the landscape of the tobacco industry, impacting businesses…
On September 19, the Consumer Financial Protection Bureau (CFPB) issued a new directive, Circular 2023-03, which outlines the responsibilities of lenders when denying credit applications underwritten through artificial intelligence (AI) or complex credit models. This is part of CFPB’s effort to provide greater transparency in lending processes and enhance fairness in credit decisions. Notably, the…
The U.S. Securities & Exchange Commission (SEC) is showing a high interest in regulating the usage of Artificial Intelligence (AI) within the financial services sector. According to a recent client alert issued by Mintz, this attention is primarily focused on the proposed regulations for conflicts of interest relating to AI, predictive data analytics, and similar…
API Financial Solutions, a significant player in the finance sector, recently experienced a security breach that has potentially affected 71,000 consumers across the United States. According to the announced data breach notice, the incident happened as a result of an unauthorized party accessing the company’s computer network. This digital trespassing took place on 29th September,…
In a significant update to the city’s employee rights legislations, the New York City Department of Consumer and Worker Protection (DCWP) announced the adoption of a Final Rule concerning amendments for certain sections of the Earned Safe and Sick Time Act (ESSTA). The information was made public on September 15, 2023, and employers will be…