In a notable development this week, law firms Ward Smith & Hill PLLC and Consovoy McCarthy PLLC emerged as the frontrunners in Law360’s Legal Lions list after a victory in an important legal challenge. The firms represented the U.S. Chamber of Commerce and several prominent banking trade groups in their successful objection to a policy…
In what comes as a significant blow to the Consumer Financial Protection Bureau (CFPB), the U.S. District Court for the Eastern District of Texas has issued a decisive ruling on September 8, 2023. This judgment has effectively vacated a crucial anti-discrimination update from March 2022 to the Unfair, Deceptive, or Abusive Acts and Practices (UDAAP)…
As digital privacy continues to concern consumers worldwide, new legislation in Delaware aims to enhance the level of protection consumers receive with respect to their personal data. Delaware Governor John Carney recently signed the Delaware Personal Data Privacy Act into law. According to reports, this new piece of legislation will become effective on January 1,…
In the ever-evolving domain of legal practices, it is essential to keep abreast with the regulatory decisions and orientations. One institution demanding our close attention is the Federal Trade Commission (FTC or Commission). The recent public encounter led to a crucial dialogue involving juvenile consumer protection. Discontentment echoed around the prolonged silence of the FTC….
As financial institutions and corporations navigate the intricate world of bank partnerships, legal intricacies are beginning to surface, especially regarding the Electronic Fund Transfer Act (EFTA) and its relation to disputes, responsibilities, and risk management. One argument being brought forward is the extent of these links between bank partner programs and EFTA as enforced by…
Continuing the analysis of the Consumer Financial Protection Bureau’s (CFPB) constitutional legitimacy fight, it’s paramount to debunk several related misconceptions. One of the most persistent myths is the supposed knockdown blow that the case represented for the CFPB’s regulatory functions or enforcement capabilities. Contrary to this widely held belief, the case CFSA v. CFPB, which…
Recently, the Consumer Financial Protection Bureau (CFPB) shone the spotlight on tuition payment plans provided by colleges and universities, in a fresh report, elaborating on existing understanding of norms and parameters garnishing these programs. A significant finding of the report, as detailed in an article by JD Supra is that a sizable 98% of colleges…
On July 18, 2023, Oregon Governor Tina Kotek signed the Oregon Consumer Privacy Act (SB 619) (“OCPA”) into law, marking Oregon as the eleventh state to enact a comprehensive state privacy law. This law is set to be enforced from July 1, 2024. However, for covered non-profits, the implementation deadline will be extended to July…
On September 11, 2023, the Federal Trade Commission (FTC) reached a settlement with a group of entities engaged in the business of background reporting; namely, Instant Checkmate, LLC, TruthFinder, LLC, The Control Group Media Company, LLC, Intelicare Direct, LLC, and PubRec LLC (collectively referred to as the ‘background report companies’ or ‘the companies’). The claim…
In a significant move towards data privacy, Delaware has become the twelfth state to enact major consumer privacy legislation. Governor John Carney has recently approved the Personal Data Privacy Act (PDPA), according to a narrative from Fisher Phillips on JD Supra. It is the seventh state to pass such legislation in 2023 alone, a clear…
In a recent development, a district court in the Eastern District of Texas has nullified updates to the Consumer Financial Protection Bureau’s (CFPB’s) Supervision and Examination Manual. The core issue revolved around the CFPB’s broad interpretation of “Unfair, Deceptive, and Abusive Acts and Practices” (UDAAP), which was deemed unacceptable by the court. The changes made…
The Consumer Financial Protection Bureau (CFPB) has reportedly taken regulatory actions against consumer leasing company Tempoe, LLC. The CFPB’s action involves the issuance of a consent order against Tempoe, in response to allegations that the company deceived consumers into costly leasing agreements for purchases from large retailers. Historically, Tempoe was allegedly in violation of the…
Minnesota Attorney General Keith Ellison has reportedly opened investigations into 52 student loan debt relief companies, based on suspicions that they have violated the state’s consumer protection laws. The companies are also under scrutiny for allegedly failing to register as debt settlement services providers in Minnesota. As reported, these probes come as part of a…
The Consumer Financial Protection Bureau (CFPB) recently drew attention to a collection of policy statements issued by the U.S. Department of Housing and Urban Development (HUD), designed to serve as guidance for the mortgage industry. These policy statements, all issued before the CFPB assumed authority for enforcing the Real Estate Settlement Procedures Act (RESPA) in…
In a series of recent legal updates, key events include Hunter Biden’s gun charge indictment, CNN reports. Supreme Court Justice Alito will draw attention using the President’s son as a reference in an upcoming opinion on gun laws. Meanwhile, proceedings in Donald Trump’s financial crimes case were brought to a temporary standstill by a New…
The California Privacy Protection Agency (CPPA), the regulatory body responsible for enforcing the California Consumer Privacy Act (CCPA), has recently issued draft regulations concerning risk assessments and cybersecurity audits. This was announced preceding a public board meeting dedicated to discussing these topics among others, as reported by Sheppard Mullin Richter & Hampton LLP. This development…
In July 2023, the Australian Competition and Consumer Commission (ACCC) unveiled its draft guidance for businesses making environmental and sustainability claims. This Draft Greenwashing Guidance is directed towards setting the best practices under the Australian Consumer Law (ACL), indicating how businesses operating in Australian territories can circumvent incidences of greenwashing. Named the Draft Greenwashing Guidance,…
On August 29, 2023, the California Privacy Protection Agency (“CPPA”) disclosed a series of draft regulations related to cybersecurity audits and risk assessments. This represents the second part of a two-part series of regulations, with the first part detailing the Cybersecurity Audit Regulations. The present article focuses on the Draft Risk Assessment Regulations. The CPPA,…
SouthCoast Medical Group, LLC, also known as SouthCoast Health or simply SouthCoast, recently filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights. The filing took place on August 17, 2023, after SouthCoast discovered that an unauthorized party had downloaded certain files from the company’s computer…
The McAlester Regional Health Center (“McAlester Regional”) has recently filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights (“HHS-OCR”). The notice, filed on August 21, 2023, came as a result of an apparent cyberattack, where an unauthorized party managed to gain access to the company’s…
In a significant legal proceeding in Texas, sections of the Independent Dispute Resolution (IDR) process have been reversed by the regional court. A detailed overview of the event can be gleaned from this report. The critical verdict was issued on August 3, 2023, by the US District Court for the Eastern District of Texas. The…
Delaware has become the 13th state to join the growing roster of jurisdictions in the United States that have enacted legislation protecting consumer privacy rights. Governor John Carney signed the Delaware Personal Data Privacy Act (DPDPA) into law on September 11, 2023, marking another important milestone in the evolution of privacy law in the U.S….
In the InterConnect Newsletter Summer 2023, an insightful examination of air carrier liability throughout the years is laid out, focusing on the international conventions that have guided its governance since the dawn of aviation technology. The narrative begins in 1903 when the Wright Brothers made history with their powered flight at Kitty Hawk, initiating a…
In recent legal developments, the Inflation Reduction Act (“IRA”) — known for its inherent intent to target and address surging drug prices — has been subject to multiple legal challenges. It all kicks off in the wake of the United States Health and Human Services (“HHS”) agency announcing the first ten drugs to be included…
In a significant development for consumer data protection in the United States, the Delaware Personal Data Privacy Act (DPDPA) became law on September 11, 2023. This adds Delaware to the growing list of states that have enacted comprehensive consumer data privacy laws, which now includes California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Florida,…