In an insightful episode of his podcast series, “Clearly Conspicuous”, consumer protection attorney Anthony DiResta delves into the Federal Trade Commission’s (FTC) approach to data privacy and how it aligns with President Biden’s agenda. Access the full episode here. DiResta points out that although data privacy remains a key area of interest in the President’s…
In recent legal news, Texas First Bank, the Independent Bankers Association of Texas (IBAT), and the Independent Community Bankers of America (ICBA), collectively known as the Proposed Intervenors, have sought the court’s permission to intervene in a lawsuit challenging the Consumer Financial Protection Bureau’s (CFPB) final small business lending rule. Reported by legal experts at…
The producer of a Kim Kardashian-themed energy drink has raised allegations of copyright infringement against a competitor in the beverage industry, along with a social media influencer. This battle over image rights was ignited after the rival company used an image strongly resembling the copyrighted, Kardashian-endorsed visual to hawk its own pink-hued beverage on Instagram….
In a recent development, the Federal Trade Commission (FTC) has made the final amendments to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (hereafter, Endorsement Guides). As we noted in a previous article, the proposed changes have been the subject for discussion for some time. The Endorsement Guides are designed to ensure…
As an increasing concern in today’s digital age, data security breaches continue to pose major threats to corporations worldwide. The most recent casualty is Mutual of Omaha Rx, a subsidiary of Omaha Health Insurance Company (“OHIC”), itself a division of Mutual of Omaha. OHIC reported a data breach involving sensitive member information to the Attorney…
In an effort to keep the global legal community informed on the latest happenings within the field, it is important to note the recent August 2023 issue of the Troutman Pepper Weekly Consumer Financial Services Newsletter. Given the weight of its influence, the update showcases some of the most impactful events at federal and state…
Freedom Debt Relief, LLC (FDR) recently came under the spotlight as it announced a data breach that put confidential consumer information at risk. Filed with the Attorney General of Montana on August 3, 2023, the notice alerts to an instance of unauthorized access to certain critical documents holding sensitive data of consumers. Having occurred at…
In a significant move to bolster consumer protection, the Federal Trade Commission (FTC) has put forth for public comment a new proposed rule on consumer reviews and testimonials. The FTC’s Proposed Rule, codified under 16 C.F.R. part 465, puts forward a prohibition on several identified practices related to consumer reviews and testimonials. This proposal follows…
Recently, Hospitality Staffing Solutions LLC (“HSS”) placed a notice of data breach at the Attorney General of Maine’s doorstep, following the discovery of unauthorized access to the company’s computer network. This announcement was made on August 1, 2023, but the impact of the data breach already seems significant. According to reports, the security breach was…
The New York Independent System Operator (NYISO) recently published its Quarter 2 Short-Term Assessment of Reliability (STAR) report on July 14, 2023, which raised concerns about potential electricity supply shortfalls in New York City beginning in the summer of 2025. The report has profound implications for law firms and corporations around the city and presents…
As of October 2021, a newly enacted law in Connecticut stands to modify the landscape of data protection, warranting attention from legal professionals worldwide. In particular, the law introduces specific protections for subsets of consumer health data, forms new rights in the realm of social media, and brings clarity to requirements around children’s data. The…
In a complex scenario indicative of the rapid expansion and legislative challenges of the crypto industry, two key cryptocurrency regulatory bills have been introduced in the U.S. Senate and House of Representatives, offering somewhat divergent perspectives on how this emergent technology should be governed. This topic has gained special attention from global legal professionals, as…
General counsels (GCs) have cited greenwashing, data breaches, and regulatory changes as some of the major issues causing them concern, according to discussions at the ninth annual General Counsel Summit in Sydney on August 7. These issues loom large in their thought processes and strategic planning due to their potentially disruptive impacts on their respective…
In a significant data breach incident, American National Insurance Company, also known as American National Group (“ANICO”) reported that confidential customer data was accessible to an unauthorized party. The insurance company lodged a notice of the data breach with the Attorney General of Texas on August 7, 2023. According to the notice submitted by ANICO,…
In the wake of the 2008 financial crisis, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) formulated a novel oversight instrument called the Form PF (Private Fund). The inception of this mechanism was to primarily scrutinize and assess systemic market risks that could be potentially inflicted by private funds. This strategic move has…
The landscape of data privacy regulation at the state level has undergone swift transformations throughout 2022, a trend expected to continue into 2023. In the wake of the ever-changing digital environment, heightened concerns about privacy, and an increasing demand for transparency, companies across the United States have been required to adapt to new comprehensive privacy…
In early July, seven more Humira® (adalimumab) biosimilars, including a single interchangeable, joined Amjevita™ (adalimumab-atto) on the US market. Abrilada™ (adalimumab-afzb) remains the sole FDA-approved adalimumab biosimilar yet to be launched, despite predictions for an early release as of July 2023. The addition of these new biosimilars is poised to shake up the market considerably…
In a noteworthy ruling, the English Commercial Court has denied recognition and enforcement of a California-seated arbitration award, opining that the enforcement would violate UK public policy. The Court stated this would be in direct conflict with principles outlined in the Consumer Rights Act 2015 (CRA 2015) and the Financial Services and Markets Act 2000…
In a recent turn of events, Judge Jeremy Kernodle of the U.S. District Court for the Eastern District of Texas has delivered a court’s decision in the Texas Medical Association case. The case challenged certain parts of a federal law known as the No Surprises Act, which primarily geared towards restricting health care providers from…
On July 19, 2023, a lawsuit was instigated against a Utah-based fintech company by the Consumer Financial Protection Bureau (CFPB). The Bureau alleged that the firm, along with several of its affiliates, deceived consumers by obscuring the terms of its financing agreements, thereby violating the Consumer Financial Protection Act (CFPA) and the Truth in Lending…
In a recent unsettling development, The Hartford Life and Accident Insurance Company has announced a crucial data breach that has potentially affected thousands of customers. The announcement came in the form of a formal notice of data breach filed with the Texas Attorney General on August 7, 2023. As explained by Console and Associates, P.C.,…
This month’s issue of the Wiley Consumer Protection Download, dated August 7, 2023, offers an invaluable update on recent developments in consumer protection at the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC). The comprehensive update, which is put together by industry-respected Wiley Rein LLP, can be found at JD Supra. Wiley’s…
A detailed understanding of Ag-Gag legislation, especially for legal professionals working with agricultural and animal production industries in the United States is vital. This legislation, enacted in several states, aims to provide lawful protection to these industries from unauthorized interferences. The legality of these laws, however, continues to remain a point of contention. The legislation,…
The United States District Court in Kentucky has granted a motion to dismiss a case concerning the Fair Credit Reporting Act (FCRA) and Fair Debt Collection Practices Act (FDCPA), indicating that the furnishing of data to a Consumer Reporting Agency (CRA) does not establish personal jurisdiction in the consumer’s home state. This comes after a…
In response to increasing concerns about the potential for unwanted collection and sharing of location data, Massachusetts lawmakers are looking to implement unique legislation in the form of the Massachusetts Location Shield Act. If materialized, this legislation would prohibit the sale of cellular location data across the state. Proposed in both the House of Representatives…