The Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) recently filed an amici curiae brief, urging the U.S. Court of Appeals for the Second Circuit to overturn a district court’s judgement. The decision pertained to a furnisher’s investigation of a consumer dispute and subsequent supply of the contested information, a stance deemed reasonable…
Recent developments have brought the Video Privacy Protection Act (VPPA), a 1988 statute, back into the limelight. This year has witnessed a major surge in cases related to violations of the VPPA, 18 U.S.C. § 2710. This increase has been noted amidst the growing digital environment, which poses new challenges and questions regarding the protection and misuse of…
In an ambitious effort to bolster energy efficiency, the German Parliament approved the German Federal Act on the Increase of Energy Efficiency (Energieeffizienzgesetz – EnEfG) on September 21, 2023. This legislative action narrows in on companies and data centers, intending to significantly raise their energy efficiency standards. The Act has been a topic of heated…
According to recent findings, we could be witnessing a significant upswing in corporate dealmaking within North America’s food industry. This resurgence in Mergers & Acquisitions (M&A) is proving to be a popular strategy among companies looking to reinvigorate their portfolios and adapt in response to changing consumer demands. The onset of the COVID-19 pandemic brought…
In an increasingly digitized world where data is the new gold, privacy policies and their governing regulations have taken center stage. Regulatory bodies worldwide are heightening their focus on how companies, particularly lenders, formulate their privacy notices, especially when deploying artificial intelligence (AI) and complex models in their operations. The Consumer Financial Protection Bureau (CFPB)…
Legal professionals should be aware that the Colorado Division of Insurance (CDI) has adopted a new regulation concerning the use of external consumer data and information sources (ECDIS), as well as predictive models incorporating ECDIS (Models), by Colorado-licensed life insurers. The regulation, finalized on September 21, 2023, sets forth requirements aiming to prevent unfair discrimination…
Following recent legal updates, it appears that the New York Legislature is cracking down harder on violators of the state’s telemarketing laws. The penalties for defiance of these rules have been significantly increased. Such developments impact not just the telemarketing industry, but implications may ripple through business sectors relying on telemarketing for their sales and…
In a response to the growing issue of illegal robocalling, the Federal Communications Commission (FCC) has recently decided to update their rules surrounding the Voice over Internet Protocol (VoIP) providers. The update, which took place on September 21, aims to amplify and modernise the existing requirements that these providers need to comply, in order to…
In a recent ruling, the Eastern District of Wisconsin has denied a motion to partially dismiss a class action complaint alleging violations of the Telephone Consumer Protection Act (TCPA). This denial, made on September 21, states that the Do Not Call (DNC) provision of the TCPA extends to text messages. This interpretation marks a significant…
The Consumer Financial Protection Bureau (CFPB) has recently published a report titled “Data Point: 2022 Mortgage Market Activity and Trends.” This report is significant as it relies heavily on the 2022 data provided by lenders under the conditions of the Home Mortgage Disclosure Act (HMDA). This study essentially works towards painting a comprehensive and detailed…
The Consumer Financial Protection Bureau (CFPB) issued an update to the Frequently Asked Questions (FAQs) related to the Small Business Data Collection Rule, also known as the “Rule”, on September 14, 2023. This release follows an earlier publication of FAQs in June 2023. The updated FAQs offer clarifications and further instructions on the implementation of…
On September 27, the Consumer Financial Protection Bureau (CFPB) released its 2022 Home Mortgage Disclosure Act (HMDA) data. The data release forms part of a recent report titled 2022 Mortgage Market Activity and Trends, which delves into residential mortgage lending activity and trends for the current year. This recent HMDA data, according to an update…
The Brazilian Senate currently finds itself in discussions over Bill No. 4530/2023 (“PL 4530/23”) which, if passed, would introduce amendments to laws governing data protection compliance in the country. A key element of PL 4530/23 consists of adjustments to Law No. 13.709/2014 – commonly known as the Brazilian Data Protection Law (Lei Geral de Proteção…
For legal professionals actively tracking consumer litigation, August reflected a significant spike in filings. Recentally, WebRecon published a report detailing an upward trend in court filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and Telephone Consumer Protection Act (TCPA). WebRecon’s findings disclosed that the quantity of complaints filed with…
Amicus Therapeutics recently announced FDA approval for their combination treatment for Pompe disease, a rare enzyme deficiency condition. This approval furnishes the pharmaceutical company with the opportunity to support patients as yet inadequately served by the current standard of care, specifically treatments by Sanofi. Globenewswire has reported that the granted approval extends to the treatment…
Four state attorneys general, representing Colorado, Oregon, Pennsylvania, and Texas, have announced settlements with Choice Hotels International, Inc. (JD Supra). Choice Hotels, known for operating popular brands such as Quality Inn, Sleep Inn, and Econo Lodge, had come under scrutiny for its practice of charging undisclosed “resort” fees. The undisclosed fees issue, also referred to…
Telehealth providers in Florida that offer weight-loss programs must be increasingly conscious of the potential impact of state laws and regulations. This is particularly important in light of Florida’s consumer protection laws relating to weight-loss programs. In the recent surge of telehealth services, numerous providers are beginning to offer weight-loss programs. The intersection of these…
Since its initiation in 2017, the legal tech pitch competition, at the ABA TECHSHOW, has helped many startups reach new levels of success. The competition is held at the American Bar Association’s (ABA) annual TECHSHOW event, and has quickly become one of the highlights of its calendar. This year, the competition is making a much-anticipated…
The Consumer Financial Protection Bureau (CFPB) released its annual report on residential mortgage lending activity and trends for 2022 on September 27. Mandated by the Home Mortgage Disclosure Act (HMDA), the CFPB requires financial institutions to gather and report data on mortgage loan applications and originations. Notably, this year’s report presents a decrease in loan…
While most brand owners understand the importance and value of registered trademarks in safeguarding the goodwill between themselves and consumers, not all might be fully aware of the comprehensive protection offered by another intellectual property right: design patents. Trademarks, in their own right, play a crucial role in curtailing consumer confusion regarding the source of…
In recent times, the Federal Trade Commission (FTC) has begun to closely inspect the possible adverse effects that loyalty discounts and bundled prices could yield on competitors and their ability to reach customers. As reported by Troutman Pepper, bundled discounts are offered when a vendor decides to sell two or more products for a reduced…
The Supreme Court will commence its 2023-24 term on the conventional first Monday in October, with six arguments over five days on topics ranging from federal sentencing laws to voting rights. Live audio of oral arguments will continue to be provided for interested public, indicating the court’s sustained commitment to public accessibility. The new term…
The Consumer Product Safety Commission (CPSC) has recently announced a request for information (RFI) in relation to per- and polyfluoroalkyl substances (PFAS) as they pertain to commercial products or potential consumer products. The directive pertains specifically to gaining further insight into potential exposure from usage of PFAS in consumer products, as well as possible health…
The Consumer Financial Protection Bureau (CFPB) is intensifying its scrutiny of the higher education sector, as suggested by a new report it recently released on college and postsecondary school tuition plans. Ballard Spahr LLP offers an in-depth analysis of the report. The CFPB’s report sheds light on the prevailing practices in higher education tuition payment…
The United States Department of Commerce’s National Institute of Standards and Technology (NIST) is taking rigorous strides to help shape the nation’s approach to the ever-evolving field of Artificial Intelligence (AI). This comes in response to the strikingly fast-paced growth of AI technologies over the recent years. In their efforts, NIST remains distinctly engaged in…