The summer of 2023 saw an influx of unique consumer health data privacy legislation being enacted, exhibiting vivid changes in the approach towards health data privacy. Most notably, the Washington legislature took the lead by introducing the country’s pioneering consumer health data privacy law. This new legislation goes by the name of the Washington My…
Recently, a significant step was taken to combat anticompetitive practices in the labor market as the Federal Trade Commission (FTC) and Department of Labor (DOL) signed a Memorandum of Understanding (MOU). This act is not only a signal of increased cooperation between the two bodies but provides them with additional tools to increase enforcement measures….
The Consumer Product Safety Commission (CPSC) has recently publicized a Request for Information (RFI) with the goal to acquire insights from various shareholders regarding the prevalence and usage of per- and polyfluoroalkyl substances (PFAS) found in consumer goods. This exercise is executed on a voluntary basis and is designed to gather helpful information and commentary…
In the latest episode of the “ILN-telligence Podcast”, Lindsay is met by professionals in maritime and aviation law from Acumum Legal & Advisory, Malta, Geraldine Spiteri, and corporate law associate, John Navarro. Both professionals have offered their insights on prevailing trends in compliance, sustainability, as well as projections of what’s to come for these fields…
The Washington State Department of Financial Institutions (DFI) has recently issued a consent order with a non-bank mortgage lender, aiming to resolve multiple alleged violations of the state’s Consumer Loan Act, primarily focusing on loan originator compensation. As stated in the underlying charges brought by the DFI, the lender is alleged to have managed a…
In a significant move, the Consumer Finance Protection Bureau (CFPB) has issued Circular 2023-03 elucidating the necessity for creditors employing artificial intelligence (AI) or complex credit models to provide specific and precise reasons for adverse action taken, in compliance with the Equal Credit Opportunity Act (ECOA). This recent update emerged in response to the rapidly…
In a recent move to make life more affordable for Canadians, the Minister of Finance introduced Bill C-56. This bill effectively outlines the proposed amendments to the Competition Act. These changes primarily encompass new market study powers, repeal of the efficiencies defense for mergers, and expansion of powers to challenge a broader set of agreements…
Recent class action lawsuits have accused certain crypto trading platforms of collecting facial scans of users without giving prior written notice. The allegations were first made public by Law.com Radar. As these allegations directly impact data protection and tech management aspects, they prove relevant to legal professionals providing counsel to businesses in the technology sector,…
In an increasingly competitive market, corporations and law firms must consistently distinguish their products and services from those of their competitors. One often underutilized tool for achieving this distinction is Trade Dress Protection. This legal framework protects the visual appearance of a product or its packaging that signifies the source of the product to consumers….
News has emerged that the Federal Trade Commission (FTC) is enforcing Section 8 of the Clayton Act once again. This marks the first time in over 40 years that the commission has done so. Section 8 of the Clayton Act specifically deals with interlocking directorates among competing businesses, especially referring to boards of directors of…
For legal practitioners within the travel and accommodation industry, a new development concerning “drip pricing” has been observed. In a recent case, Choice Hotels International, Inc., one of the most prominent hotel chains globally, was cited for employing “drip pricing,” a practice described as omitting mandatory fees from advertised room rates. This omission, which subsequently…
In a significant move to bolster worker rights, the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL) are joining forces. These two influential agencies signed an agreement aimed at increasing inter-agency cooperation to combat anticompetitive behavior and unfair and deceptive acts that could harm workers. This partnership marks a critical step in…
Online reviews have become a fundamental part of contemporary consumerism, playing a significant role in shaping and maintaining the reputations of businesses, conglomerates, and professionals alike. This new forum for feedback has prompted a pressing question for individuals and corporations operating in today’s digital age: should one respond to every review, irrespective of whether it’s…
In a demonstration of the ever-increasing influence of social media in contemporary societies, the Federal Trade Commission (FTC) has resolved to establish new guidelines to structure how social media influencers wield their impact. In particular, these rules concern endorsements that have financed extravagant getaways and lavish lifestyles, as displayed in social media images from the…
In a recent case addressing unfair competition claims under the Lanham Act, the US Court of Appeals for the Tenth Circuit ruled that no reasonable juror would confuse an alcohol distributor’s usage of the term “kühl” with the use of a similar mark by a clothing company. The case, titled Alfwear, Inc. v. Mast-Jägermeister US,…
In a recent trademark infringement conflict, food delivery giant, Grubhub, savored victory. The US Court of Appeals for the Seventh Circuit asserted that the district court did not err in denying a preliminary injunction motion, in accordance with a report by JD Supra. The order came in the case where Grubhub Inc. was pitted against…
On August 28, 2023, the California Privacy Protection Agency (the “Agency”) released two sets of draft regulations, one for risk assessments and another for cybersecurity audits, under the California Consumer Privacy Act (the “CCPA”). These were released as a part of the Agency’s informal rulemaking process. The detailed risk assessment regulations are currently in the…
In recent times, the Consumer Financial Protection Bureau (CFPB) has increasingly shifted its focus towards the management and collection of medical debt. This shift has seen the CFPB publish informative industry guidance pieces, nearly a dozen press releases and reports discussing various facets of medical debt. Their actions signify a growing trend of regulatory intervention…
In the world of multinational corporations, understanding international legal landscapes is critical. At the axis of this landscape lies U.S antitrust law, specifically The Foreign Trade Antitrust Improvements Act (FTAIA). This often undervalued and misunderstood statute has profound implications on businesses operating on a global scale. The United States Department of Justice (DOJ) is a…
In the ongoing saga that has been laced with legal intricacies and forms the backdrop of many conversations in the corporate legal landscape, Thelen v. Somatics, LLC, appears as the most recent chapter. The U.S. District court case – Thelen v. Somatics, LLC, 2023 U.S. Dist. LEXIS 165819 (Mag. M.D. Fla. Sept. 18, 2023) throws light…
Francesca’s Acquisition, LLC reported to the Attorney General of Maine that an unauthorized party had gained illicit access to certain parts of its computer network on September 25, 2023. The breached segment of the network reportedly contained sensitive consumer data, prompting Francesca’s to issue a public notice. According to the notice, the extent of the…
With an increasing spotlight on data privacy, both globally and within the United States, several New England states have taken the initiative in considering the adoption of comprehensive consumer data privacy legislation. The norm of sector-specific and activity-specific models for US privacy regulation is undergoing a rapid transformation, reflecting a growing awareness of the significant…
On September 25, the California Attorney General Rob Bonta announced a settlement with a biotech company, Biora Therapeutics, Inc. (Biora). The settlement addressed misleading claims the company made about the cost of its genetic testing services. As mandated by the settlement agreement, Biora is now obligated to waive all outstanding debts for their California customers….
In a recent turn of events, PHH Mortgage Corporation (“PHH”) notified the Attorney General of Texas of a data breach that happened on September 27, 2023. This breach resulted in an unauthorized party gaining access to critical and sensitive consumer data. Among the data leaked were consumers’ names, addresses, dates of birth, and worst of…
On September 21, 2023, the Consumer Financial Protection Bureau (CFPB) initiated a rulemaking process with the concern of medical payment products at its core. The process was launched after a short time frame to review comments received from a request for information. This move, as outlined in a press release from the regulatory body, is…