On September 15, 2023, New York City witnessed key modifications to its Safe and Sick Time Act (ESSTA), through the Department of Consumer and Worker Protection. From the looming effective date of October 15, 2023, designated corporations and law firms will need to comply with an array of changes that impact multiple facets of ESSTA…
On September 15, 2023, the New York City Department of Consumer and Worker Protection, colloquially known as the ‘Department’, released the final amendments to the New York City Earned Safe and Sick Time Act or ESSTA. This was contained in a report from JD Supra, a reputable legal news provider. The ESSTA serves to protect…
In an unfortunate recent development, Johnson Financial Group (JFG) disclosed a data breach of a vendor they utilize which resulted in the potential exposure of the sensitive personal information of over 93,000 consumers. This notice followed a mandatory disclosure to the Attorney General of Maine on September 22, 2023, in line with statutory data breach…
In the latest episode of the “Eyes on Washington” podcast series, healthcare and life sciences attorneys, Michael Werner and Sara Klock dive into the nuances of recent developments in marijuana. This series is curated by Holland & Knight’s Public Policy & Regulation Group, and a key discussion in this episode revolves around the ongoing debate…
Mass-arbitration fees have drawn significant attention again following a recent ruling by the U.S. District Court for the Northern District of Illinois. Standing as the latest in a series of courts requiring a company to cover extensive legal fees to adjudicate mass arbitrations, this verdict undoubtedly signals a growing trend within the U.S. legal system….
California’s latest legislative effort, the “Junk Fee” bill, is poised for the state’s governor, Gavin Newsom’s signature. The legislation, which has already made its way through California’s state legislature, is one that seeks to address issues related to advertised rates, predominantly in the hotel industry, but with an extended impact on an array of other…
In a development worth noting from the realm of telecommunication legalities, a federal court in Pennsylvania has made an interesting ruling in the Perrong v. Bradford et al case. The plaintiff moved court against an elected official, arguing that their civil liberties were violated under the Telephone Consumer Protection Act (TCPA). This was claimed to…
In a move that the industry has long been awaiting, the European Commission has initiated a far-reaching consultation and review of the Sustainable Finance Disclosure Regulation (SFDR), a process that could mark steps towards a SFDR 2.0. This in-depth report from Allen & Overy LLP sheds light on this development, detailing both how the current…
Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra recently shared his prepared remarks at two major events, reflecting on the lessons gleaned from the 2008 financial crisis and emphasizing the role of the post-crisis reforms, including the creation of the CFPB. The reflective discussions were held at both the Better Markets Conference and the Mortgage…
Attorneys representing clients at Marine Corps Base Camp Lejeune need to tread carefully to avoid violating the Telephone Consumer Protection Act (TCPA). This legislation has become the fulcrum for lawsuits against lawyers seeking to assist veterans and their families affected by the toxic chemical exposure at the base. Libby Vish, discuss via Law360, highlights the…
On September 22, 2023, Financial Institution Service Corp. (FISC) issued a notice detailing a considerable data breach. The breach reportedly was tied to a vulnerability in MOVEit, a file-transfer application that had been exploited by cybercriminals, impacting over 750,000 individuals. This was disclosed in FISC’s filing of a notice of data breach with the Attorney…
On September 11, the Consumer Financial Protection Bureau (CFPB) issued a consent order against an Ohio-based nonbank consumer finance company. The company, who remains unnamed, was cited for deceptive practices in connection with consumer leasing agreements. This action by CFPB is part of a parallel multi-state settlement that also involves 41 states and the District…
In a recent report released by the Consumer Financial Protection Bureau (CFPB) on the 14th of September, risks associated with college tuition payment plans have been thrust into the spotlight. Following a close examination of nearly 450 college websites, the report brought to attention that many plans lack lucid disclosures and sport confusing repayment terms….
On September 11th, 2023, Delaware widened its legal landscape to encompass consumer data privacy, placing itself among the growing list of U.S. states advocating for consumer protection rights. Making this official, Governor John Carney publicly endorsed the meticulous Delaware Personal Data Privacy Act (DPDPA), which is set to come into operation beginning January 1, 2025….
In a significant announcement, the Federal Trade Commission (FTC) has imposed fines totaling $6 million on two companies selling consumer background reports through subscriptions. These companies were found to be in violation of the FTC Act and the Fair Credit Reporting Act (FCRA). This information came from an article published on JD Supra, authored by…
In what can be seen as another step towards holding corporations accountable for their data security practices, the U.S. District Court for the Northern District of Georgia has approved a proposed $750,000 class settlement. The case is between a regional bank and consumers who were affected when a third-party property insurance validation vendor was compromised…
September 2023 saw a flurry of activity from the Consumer Financial Protection Bureau (CFPB), marked by important reminders and updates influencing corporate legal and regulatory affairs. In an announcement shared on September 5, 2023, Hudson Cook, LLP outlined on JD Supra, the CFPB reminded federal student loan borrowers that loan repayments are set to resume…
The Consumer Financial Protection Bureau (CFPB) announced on September 18 an update to the annual dollar amount thresholds under the Truth in Lending Act (TILA) and Home Mortgage Disclosure Act (HMDA). This update contained a final rule that revised dollar amounts for provisions per the implementation of TILA and its amendments. The impacted areas notably…
I recently had the opportunity to speak with Dr. Steve Ivanoski, a well-respected figure in wellness and cannabis entrepreneurship. Ivanoski, an ex-pharmacist, has carved a unique path for himself in the realm of cannabis, embracing a mission of holistic health and wellness through his company, Dr. BeeWell. Not only has Ivanoski leveraged his background in…
Last week marked a significant event in the realm of financial protection and innovation. The California Department of Financial Protection & Innovation (DFPI) took an assertive stance against deceitful practices aimed at investors. This move serves as a timely reminder of the continuous vigilance required in the financial world. The DFPI highlighted an incident concerning…
In an attempt to provide guidance around the use of artificial intelligence (AI) and complex credit models, the Consumer Financial Protection Bureau (CFPB) has issued a circular addressing adverse action notification requirements. The CFPB’s communication also covers the correct usage of the Bureau’s sample forms provided in Regulation B. The CFPB is seeking to ensure…
In a recent development, six more companies have been adversely affected by a data breach at Sovos Compliance LLC (“Sovos”), as per information filed by Sovos. The incident in question relates to the MOVEit file transfer application and took place on September 22, 2023. JD Supra reports that the breach enabled an unauthorized entity to…
On September 14th, a noteworthy development took place in the legal field as the Federal District Court for the Eastern District of Kentucky agreed to preliminarily enjoin the Consumer Financial Protection Bureau (CFPB) from implementing the Small Business Lending Rule. The rule, promulgated under section 1071 of the Consumer Financial Protection Act, concerns a point…
Yesterday, the Federal Trade Commission (FTC) instigated a legal suit against U.S. Anesthesia Partners, Inc. (USAP), a leading anesthesia group, and Welsh, Carson, Anderson & Stowe, a renowned private equity firm. It’s alleged that these organizations devised a multi-year, unlawful scheme directed towards monopolizing the anesthesiology practices within Texas. The FTC contends that the conspiratorial…
On September 6, 2023, the Federal Trade Commission (FTC) finalized its settlement with genetic testing firm, 1Health.io Inc., previously known as Vitagene. The settlement was the result of allegations by the FTC that the company had failed to sufficiently safeguard consumers’ DNA data. According to the FTC, 1Health.io violated Section 5 of the FTC Act….