Trade Associations Urge CFPB to Reconsider Section 1071 Final Rule Enforcement

On August 18, several trade associations including the American Financial Services Association, Consumer Bankers Association, CRE Finance Council, Equipment Leasing and Finance Association, Mortgage Bankers Association, National Association of Federally-Insured Credit Unions, Truck Renting and Leasing Association, and the U.S. Chamber of Commerce collectively referred to as “the Trades”, jointly appealed to the Consumer Financial…

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Rising DSARs Demand: Striking a Balance between Data Protection and Organizational Viability

In the evolving landscape of data protection legislation, the rise in Data Subject Access Requests (DSARs) brings with it complexities and burdens that can present significant challenges to organizations. Generally, DSARs are legal requests made by individuals—referred to as “data subjects”—to obtain personal data an organization holds about them. This practice, codified in UK data…

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FTC’s June 2023 Revisions: Implications for Consumer Understanding of Arbitration Clauses

Recently, there have been insightful developments on the consumer understanding of arbitration clauses given by Professor Jeff Sovern, who specifically discussed the FTC’s June 2023 revisions to its Endorsement Guide. Sovern’s blog spotlighted the FTC’s new definition of “clear and conspicuous” – a significant change that has a broad impact on the advertising industry. As…

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Hospital Merger Guidelines: Navigating Antitrust Regulations Amid Increased Scrutiny

Amid increasing scrutiny of anti-competitive behavior, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have released proposed Hospital Merger Guidelines, a document outlining 13 principles that the authorities may employ when making determinations about the legality of a merger under antitrust laws. JDSupra reported recently. The Draft Guidelines serve as a vital tool…

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Australia Commissions New Review of Franchising Code of Conduct: Potential Impacts on the Industry

The Australian Government has recently announced the commissioning of another comprehensive review of the Franchising Code of Conduct (commonly referred to as The Code). This review is slated to be overseen by Dr. Michael Schaper. For those unfamiliar with Dr. Michael Schaper, he brings with him a vast wealth of experience and knowledge, having served…

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Wine Distribution Agreements: Key Considerations for Optimizing Brand Success

The wine industry, like any other, demands meticulous attention when it comes to the structuring of business agreements, an underlying fact that becomes increasingly apparent in the realm of distribution arrangements. As directly-to-consumer (DTC) sales avenues such as tasting rooms, clubs, and websites tend to have limited reach, the success of most wine brands typically…

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Navigating FTC Regulations: Key Insights for Social Media Advertising Compliance

In a recent episode of his “Clearly Conspicuous” podcast series, consumer protection attorney Anthony DiResta took a deep dive into the Federal Trade Commission’s (FTC) regulations on social media advertising, revealing valuable insight for legal professionals and corporate leadership engaged in social media practices. The podcast, named “The FTC’s Regulations on Social Media Advertising”, is…

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California DFPI Finalizes Rule to Prevent Unfair Practices in Small Business Finance

In a recent development affecting small businesses, the California Department of Financial Protection and Innovation (DFPI) has finalized a rule aimed at preventing unfair, deceptive, or abusive acts or practices (UDAAP). This rule interprets certain sections of the California Consumer Financial Protection Law (CCFPL), particularly those that relate to commercial financial products and services. The…

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CFPB Targets Major Installment Lender for Alleged “Loan-Churning” Violations

The Consumer Financial Protection Bureau (CFPB) has initiated legal proceedings against a major installment lending company and multiple of its South Carolina subsidiaries for purported “loan-churning” transgressions. These alleged unlawful practices are claimed to have generated hundreds of millions of dollars in costs and fees from loans. As per the lawsuit filed on August 22,…

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German Court Ruling Sheds Light on Banks’ Rights in Automotive Loan and Purchase Agreement Withdrawals

In the latest Mobility@McDermott update, a significant ruling on a bank’s right of retention following withdrawal from loan and purchase agreements were highlighted. These agreements were linked to the sale of a vehicle, providing a context that could garner interest from legal professionals within automotive companies. Germany’s highest civil court, Bundesgerichtshof (BGH), was responsible for…

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Navigating ESG Challenges in the Consumer & Retail Industry: Legal Risks and Strategies

The significance of environmental, social, governance (ESG) elements, especially from the consumers, stakeholders, and regulators’ viewpoints, is on the rise across all sectors, and the consumer & retail sector isn’t immune. This escalating attention towards ESG issues raises a plethora of legal concerns and risks that legal professionals in the Consumer & Retail industry cannot…

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UnitedHealthcare Data Breach Exposes Consumer Information, Sparks Corporate Security Concerns

UnitedHealthcare, in early September 2023, issued notification to various individuals across the nation about a recent data breach. An unauthorized party reportedly gained access to a UnitedHealthcare broker portal, creating a disturbing breach of privacy for consumers. The incident was first reported by Console and Associates, P.C. In their statement, UnitedHealthcare elaborated that the incident…

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Indiana Medicaid Data Breach Exposes Over 200,000 CareSource Enrollees’ Information

Medicaid recipients in Indiana were recently hit by an unforeseen setback, as the Indiana Family and Social Services Administration (“FSSA”) announced a significant data breach involving third-party software, MOVEit. This unfortunate event, released in an official notice by FSSA on September 1, 2023, reveals that the privacy of numerous CareSource enrollees was compromised. For those…

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Navigating Fiduciary Duties in the ESG Era: Adapting Corporate Boards to Evolving Stakeholder Expectations

The landscape of fiduciary duties is evolving rapidly, and ESG (Environmental, Social, and Governance) considerations are at the forefront of this transformation. Corporate boards find themselves under the scrutiny of various stakeholders, including investors, politicians, regulators, clients, and activists, each with strong opinions on how ESG should be integrated into corporate decision-making. Fiduciary duties, enshrined…

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FDIC Increases Regulatory Enforcement with July Actions Targeting Banks and Individuals

The Federal Deposit Insurance Corporation (FDIC) issued a number of enforcement actions against various banks and individuals in July, as detailed in their recent announcement made on August 25. Read the full FDIC report here. The published report consists of ten administrative actions. These actions include two orders that combined a prohibition order with an…

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Utah Amends Mortgage Entity Regulations for Remote Employee Supervision and Consumer Data Protection

In recent legal news, the state of Utah has amended its regulations in relation to the supervision of employees and the safeguarding of consumer information within the mortgage entity. This was carried out by Utah’s Residential Mortgage Regulatory Commission, who clarified the extent of the supervision exercised by principal lending managers and branch managers in…

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Navigating the Legal Labyrinth of Fraudulent Wellness Claims

In the world of healthcare, wellness claims are making significant noise. The concept of wellness, with its positive connotations and aspirational elements, presents a promising potential for those aiming to improve their health. However, it has also inadvertently opened up opportunities for disagreements, misinformation, and, quite troublingly, fraudulent schemes to thrive. In a recent report…

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Nevada Enacts Consumer Health Data Privacy Act: Safeguarding Personal Information and Ensuring Transparency

This summer, Governor Joe Lombardo of Nevada enacted the Consumer Health Data Privacy Act, a law set to take effect on March 31, 2024. The Act is designed to protect consumer health data being managed by regulated entities. (JD Supra) The new legislation sets additional limitations and obligations for regulated entities concerning the collection, processing,…

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FTC Increases Scrutiny on Health App Companies and Enforcement of Data Privacy Regulations

The Federal Trade Commission’s (FTC) recent events have emphasized a heightened scrutiny and strengthened enforcement towards health app companies that collect or use consumer health data. Such actions demand attention from these firms to stay in tune with this steadily changing environment. In September 2021, the FTC released a statement requiring health app companies that…

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