In the landscape of the United States, the Federal Trade Commission (FTC) has held its sway as the principal consumer protection enforcement agency since its establishment in 1914 until the shift that took place roughly in 2018. With its centralization and scope, and supported by a greater number of enforcers than any single state, the…
The issue of consumer perception as the critical inquiry for generic.gTLD marks stands at the forefront of a recent decision by the TTAB. This notion was expounded in June 2020 when the U.S. Supreme Court rejected the rule positing that the coupling of a generic term and a generic top-level domain (“gTLD”) is inherently generic,…
In a recent legal motion, the Federal Trade Commission’s Chief Administrative Law Judge (“ALJ”) has ruled that a leading tax filing software company violated Section 5 of the FTC Act due to engaging in deceptive advertising practices. The decision, published on September 8, comes after a complaint was lodged by the FTC in March 2022….
California, a state known for its forward-thinking legislation, continues to trailblaze the path towards stronger environmental policies. The recently introduced Senate Bill 253, or SB 253, demands heightened transparency from large corporations, specifically in relation to their carbon emissions. Mandating stringent carbon reporting for large companies under the bill fosters a cultural shift towards increased…
Nansen, a renowned entity in the blockchain intelligence sphere, affirmed a vendor data breach leading to leakage of sensitive user information, as mentioned in a recent announcement on its X platform (previously Twitter). This episode occurred on September 22, 2023 as per the information posted on the official social media platform by the company. Click…
In May 2022, in a move that underscores the evolving regulatory landscape surrounding the use of Artificial Intelligence (AI) and complex predictive models, the Consumer Financial Protection Bureau (CFPB) issued Circular 2022-3. This document addressed the Equal Credit Opportunity Act (ECOA) adverse action notice requirements in connection with credit decisions that are predicated upon algorithms….
The Consumer Financial Protection Bureau’s (CFPB) recent request for information (RFI) regarding the usage of medical credit cards and other lending products for health care expenses has been met with notable feedback from industry stakeholders. Among these respondents are the American Bankers Association (ABA), Association of Credit and Collection Professionals (ACA International), U.S. Chamber of…
In a recent cybersecurity incident, Oak Valley Hospital District (OVHD) experienced a significant data breach. The hospital district formally notified patients and the Attorney General of California about the breach on September 15, 2023. According to the notice, an unauthorized party gained access to consumers’ sensitive information due to the cybersecurity incident. These data comprise…
On September 11th, 2023, Governor John Carney of Delaware introduced a pivotal component to the growing corpus of state data privacy laws currently enforced across the United States. Touted as the nation’s most robust privacy bill, the Delaware Personal Data Privacy Act was signed into law, resonating far beyond Delaware’s border. Information on the Delaware…
On September 12, 2023, the UK’s Financial Conduct Authority (FCA) released Policy Statement PS23/13 which outlines its final position on the introduction of a new gateway for firms that approve financial promotions. This publication follows the FCA’s Consultation Paper CP22/27, which was published in December 2022. According to the article, this Policy Statement represents an…
The Consumer Financial Protection Bureau (CFPB) has initiated the rule issuing process on several subjects impacting the complete ecosystem involved in the collection, sale, and utilization of consumer data. The information aligns with the disclosure in the outline of the CFPB’s rulemaking plan under the Fair Credit Reporting Act (FCRA), which was released on September…
As previously anticipated, the “right to repair” movement continues to receive widening support as more state governments contemplate legislation in this area. Over the past year, a total of 27 states had pending legislation addressing the concept of “right to repair” laws. This year, the count goes up to a whopping 33 states that have…
Michigan Attorney General Dana Nessel has filed a lawsuit against the Gerald R. Ford International Airport Authority, in response to alleged per- and polyfluoroalkyl substance (PFAS) contamination of the regional drinking water supply reportedly caused by the airport authority. The legal action comes with the objective of enforcing demands made by the Michigan Department of…
Brady Martz & Associates, PC, a renowned accounting firm, recently filed a notice of data breach with the Attorney General of Maine after finding out that unauthorized access was granted to certain segments of their computer network. This distressing event occurred on September 8, 2023, and has affected a large number of consumers. The data…
The interpretation of the “Unfair, Deceptive, or Abusive Acts or Practices” (UDAAP) authority by the Consumer Financial Protection Bureau (CFPB) was invalidated by a federal district court on September 8, 2023. The CFPB’s perspective posited that discrimination based on protected classes constitutes an unfair, deceptive, or abusive act or practice. The court countered against this…
On September 20, 2023, BMO Bank, NA (“BMO”) officially acknowledged a recent data breach. The bank notified the Attorney General of Texas that sensitive information under their custody was compromised due to unauthorised access. The admission followed the bank’s discovery that an unauthorized party had gained access to its data reserves. This infiltrator had access…
Understanding the complex landscape of banking and credit reform can be difficult, especially when it comes to rules implemented by the Consumer Financial Protection Bureau (CFPB). One such rule that has recently been under scrutiny is Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The essence of the rule revolves around…
In August 2023, the Institute of Technology Assessment of the Austrian Academy of Sciences shed light on the regulation and safety assessment of nanomaterials in cosmetics through the publication of a NanoTrust Dossier. To safeguard consumers at the greatest achievable level, the European Union (EU) Cosmetics Regulation was amended in 2009 to introduce special provisions…
On September 12, an FDA Advisory Committee raised significant concerns regarding oral phenylephrine, an active ingredient in many popular over-the-counter (OTC) nasal decongestant products. The committee unanimously agreed that oral phenylephrine was not effective at its intended purpose, which is to reduce nasal congestion. Interestingly, this does not represent a binding decision on the FDA,…
In a recent development, Oregon Attorney General Ellen Rosenblum revealed that she will not be running for reelection in 2024. The Democrat has been serving in the AG position for the last twelve years. Ellen’s decision will signal a significant shift in the Oregon Department of Justice as her tenure saw numerous policy shifts and…
In a recent development that will come as a relief to many corporations, the Consumer Financial Protection Bureau’s (CFPB) interpretation of its Unfair Deceptive and Abusive Acts and Practice (UDAAP) authority, announced in the March 2022 update to its Supervision and Examination Manual, has been found lacking by a district court. The CFPB’s expanded interpretation…
On the legal front, Missouri AG Andrew Bailey recently brought down the hammer on Dolgencorp, LLC, most popularly known as Dollar General. The popular retailer is being accused of swindling consumers via infringements of the Missouri Merchandising Practices Act (MMPA). According to Bailey, Dollar General had been routinely misleading fresh and loyal customers alike about…
In a recent development, Google has agreed to a settlement of $93 million with California over accusations that the company’s location-privacy practices were infringing upon the state’s consumer protection laws. This case provides a pertinent example of a growing trend toward tighter regulation of digital privacy – a trend that is increasingly impacting major corporations…
The U.S. Securities and Exchange Commission (SEC) has recently filed a federal complaint against a prominent national broker-dealer. It alleges the broker-dealer misrepresented the security measures in place for the company’s data held by its affiliates, according to the legal news site JD Supra. JD Supra reported the company is accused of making false statements…
In a recently reported incident, Lakeland Community College sent out a notice of data breach to approximately 285,000 people. The notice was filed with the Attorney General of Maine after the realization that an unauthorized party had illicit access to the college’s computer network for around three weeks, beginning September 19, 2023. According to the…