Oregon Consumer Privacy Act: Enhanced Data Control for Residents and New Obligations for Companies

Oregon recently joined a growing list of U.S. states enacting comprehensive consumer data privacy laws, following the legislative stride of California, Colorado, Connecticut, Indiana, Iowa, Montana, Tennessee, Texas, Utah, and Virginia. The new legislation, known as the Oregon Consumer Privacy Act, will come into effect on July 1, 2024. The law outlines new strictures around…

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Earned Wage Access Laws: A Milestone in Alleviating Financial Stress for Workers

In a significant milestone for workers globally, newly enacted Earned Wage Access (EWA) laws reflect a positive shift in worker compensation dynamics. The challenge of meeting financial obligations punctually is a widespread concern, a trend substantiated by recent research. According to the research, approximately six in ten Americans live paycheck to paycheck. This financial precariousness…

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FCC Targets Gateway Provider in Ongoing Battle Against Illegal Robocalls

In a recent announcement made on August 1, the Federal Communications Commission’s (FCC) Enforcement Bureau informed a gateway intermediate provider and originator about alleged illegal transmission and origination of robocalls. If actions are not taken to rectify this situation, the FCC may grant downstream service providers the legal authority to permanently block its traffic, resulting…

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Senate Banking Committee Examines Junk Fees Impacting American Wallets: Implications for Legal Professionals

On July 26, the Senate Banking Committee led by Senator Raphael Warnock (D-GA), chairman of the committee, conducted a hearing concerning “fees and tactics impacting Americans’ wallets” with a focus on financial services and the role of the Consumer Financial Protection Bureau (CFPB) in tackling harmful fees. An alarming finding is that a third of…

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Established Business Relationships and Record-Keeping: A TCPA Defense Strategy

Recent rulings have underscored the significance of meticulous record-keeping in companies when dealing with possible Telephone Consumer Protection Act (TCPA) violations. The examples highlight the potential of the established business relationship (EBR) exemption to avert class certification, this exemption may hinge on the defendant company’s record-keeping systems and policies. One must comprehend the intricacies of…

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Judge Dismisses Johnson & Johnson’s Second Bankruptcy Attempt Amid Talcum Powder Cancer Controversy

In a significant development, a judge has dismissed the second bankruptcy case filed by Johnson & Johnson over its talcum baby powder liabilities. Despite expressing some reservations, U.S. Bankruptcy Judge Michael Kaplan in Trenton, New Jersey, ruled in favor of cancer victims who argued that the new bankruptcy case was devoid of goodwill. Johnson &…

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FTC Investigates OpenAI: Implications for AI Regulation and Privacy Practices

The Federal Trade Commission (FTC) has recently initiated an investigation into OpenAI. This development isn’t trivial, since it can be considered the most robust action taken against OpenAI since the unveiling of its Artificial Intelligence (AI) chatbot, ChatGPT, in November 2022. The regulatory scrutiny by the FTC intends to evaluate possible unfair or deceptive privacy…

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SEC Alert: Deficiencies in Broker-Dealers’ Anti-Money Laundering and Terrorism Financing Controls

On July 31, 2023, in a noteworthy development in the banking sector and financial institutions, the United States Securities and Exchange Commission (“SEC”) circulated an alert detailing deficiencies in broker-dealers’ (“BD”) implementation of their Anti-Money Laundering (“AML”) and Countering Financing of Terrorism (“CFT”) controls. The directives were brought to light by the Department of Examinations….

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CPPA Expands Scope with Probe into Connected Vehicle Data Privacy Practices

The California Privacy Protection Agency’s (CPPA) Enforcement Division has taken up the mantle of scrutinizing data privacy practices by connected vehicle manufacturers and accompanying technologies. The CPPA, a body established by the 2018 California Privacy Rights Act, is chiefly engrossed in crafting regulations. This latest probe, however, signals the expanding scope of their remit. (Robinson+Cole…

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California Privacy Laws: Employers Face Increased Scrutiny as Attorney General’s Office Investigates Compliance

The California Attorney General’s office recently embarked on an initiative to scrutinize employer non-compliance with the California Consumer Privacy Act/California Privacy Rights Act (collectively known as the CCPA). Robinson+Cole Data Privacy + Security Insider provides an insightful look into this developing story. The CCPA, enacted in 2018, has since been a major regulatory focus for…

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FCC and FTC Unite to Combat Illegal Telemarketing in Operation Stop Scam Calls

In a concerted effort to tackle the rampant issue of unwanted and illegal phone calls and text messages, the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) are joining forces in a cooperative endeavor boldy named “Operation Stop Scam Calls”. This report from JD Supra details the multi-jurisdictional approach the two commissions plan…

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Biden Administration Launches IoT Cybersecurity Labeling with U.S. Cyber Trust Mark Program

In response to the ever-changing cyber threat landscape, the Biden Administration has recently initiated a new cybersecurity labeling program, the U.S. Cyber Trust Mark program. Announced with the purpose of improving transparency as well as protection against cyber threats, this initiative focuses on the escalating Internet of Things (IoT) device space. In her report on…

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FTC Updates Guidelines on Endorsements and Testimonials: Impact on Influencer Marketing and Consumer Reviews

The Federal Trade Commission (FTC) has recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides). The revisions come as part of the FTC’s ongoing effort to provide accurate and clear direction on how truth-in-advertising standards, under the Federal Trade Commission Act, apply to endorsement and review-related issues. This…

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Debt Collector Prevails in FCRA and FDCPA Class Action Lawsuit: Court Upholds “Reasonable Investigation” Claim

In an important recent development in the legal landscape of consumer debt cases, an FCRA (Fair Credit Reporting Act) and FDCPA (Fair Debt Collection Practices Act) putative class action lawsuit, the U.S. District Court for the Southern District of Alabama granted summary judgment in favor of a defendant third-party debt collector. This case revolved around…

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