The Consumer Financial Protection Bureau (CFPB) disclosed on August 17, 2023, that it has executed consent orders against a residential mortgage loan originator that offered illicit benefits to real estate brokers and agents for mortgage loan recommendations. Furthermore, the CFPB also acted against a real estate brokerage firm in receipt of these kickbacks from the…
In a collaborative effort between the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC), a permanent injunction and civil penalty have been issued due to violations of the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act, the CAN-SPAM Rule, and the FTC Act. The implicated party is a company offering…
Legal professionals across the globe are turning their attention to Mississauga, Ontario where the Inaugural Advanced Summit on Food Law & Regulation will take place. Scheduled for October 4-5, 2023, this event is being organised by the respected Canadian Institute and targeted towards those interested in the legal dimensions of the food industry. The event…
In a recent turn of events, the White House announced the introduction of the SAVE Plan on August 22. As reported by JDSupra recently, this initiative represents an income-driven repayment plan designed to calculate payment requisites predicated on a borrower’s income and family size rather than the remaining balance of the loan. The proposal brings…
As various forms of digital payments continue to evolve and impact global economies, the legal underpinnings of these systems grow increasingly critical. A Deep Dive into Payments, an informative podcast series presented by McGlinchey Stafford, has captured attention due to its holistic discussion on the impacts of money transmission laws on entities involved in the…
The Federal Trade Commission (FTC) has published its INFORM Consumers Act guidance, intended to clarify the new rules for third-party sellers who operate on large online marketplaces. The INFORM Consumers Act came into effect on June 27, marking a significant shift in the US regulation of online platforms that host high-volume third-party sellers. The Act…
On August 22, a motion made by a group of intervenors seeking to expand the scope of a preliminary injunction issued by the U.S. District Court for the Southern District of Texas met with opposition from the Consumer Financial Protection Bureau (CFPB). The CFPB’s Small Business Lending Rule, which is essentially under siege, is the…
On August 22, the U.S. District Court for the Western District of New York refused to dismiss Consumer Financial Protection Act (CFPA) and Fair Debt Collection Practices Act (FDCPA) claims. These claims, brought by the Consumer Financial Protection Bureau (CFPB), alleged violations related to misrepresentation made to debtors by debt collectors. The complaint alleged that…
The Consumer Financial Protection Bureau (CFPB) is tightening its regulation of Real Estate Settlement Procedures Act (RESPA) violations, according to a recent report by Weiner Brodsky Kider PC on JDSupra. The CFPB issued consent orders against a significant independent mortgage banker and a real estate brokerage firm on August 17, 2023, based on allegations of…
The Department of Financial Protection and Innovation (DFPI) has recently completed the final regulation for implementing and interpreting certain sections of the California Consumer Financial Protection Law (CCFPL) related to commercial financial products and services. As revealed by Orrick, Herrington & Sutcliffe LLP, the regulatory approval came after considering public comments and putting forth three…
The increasing consumer demand for alternative animal products, colloquially known as “alt” animal products, has dramatically escalated the number of food tech companies committing to this market. As these entities continue to diversify and build their patent portfolios, they are also focusing on registering trademarks for their company names and alt-animal products across multiple jurisdictions….
Isaac Asimov, known as the godfather of science fiction, may have imagined a scenario like our present reality about eighty years ago. Asimov conceived the ‘Three Laws of Robotics,’ which stipulated primarily that a robot should never cause harm to a human. Today, as artificial intelligence (AI) technology develops at a rapid pace and gets…
In what can be described as a significant development in the legal landscape surrounding the Telephone Consumer Protection Act (TCPA), a Florida state court has recently granted final approval to a $40 million settlement. This class action settlement underscores the risk defendants face with regard to potential sizable settlements in TCPA disputes. The case in…
First Farmers Bank & Trust (“FFBT”) has filed a notice regarding a data breach with the Attorney General of Maine. The breach, occurring on August 15, 2023, unveiled an unauthorized party’s ability to access confidential FFBT customer information through a vulnerability in a software operated by an FFBT vendor. The details of this data breach…
Earlier this month, the Commissioner of Data Protection of the Dubai International Financial Centre (DIFC), a financial free-zone in the United Arab Emirates (UAE), rendered a landmark decision with substantial implications for the global privacy landscape. This significant judgement recognizes the California Consumer Privacy Act (CCPA) as an equivalent to the DIFC’s own Data Protection…
In a recent legal development, a lead generator is required to indemnify a Telephone Consumer Protection Act (TCPA) co-defendant. This ruling came from an Illinois federal court which granted summary judgment in favor of the co-defendant. This significant ruling has potentially wide-ranging implications for organizations that engage in telemarketing, and represents a victory for the…
Continuing in the interest of keeping legal practitioners abreast of critical developments, we delve into the aftermath of Facebook v. Duguid and the handling of this precedent by district courts determining whether a calling system meets the Supreme Court’s refined definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA)….
The Agricultural Labeling Uniformity Act, implemented in Congress in June, continues to face stiff opposition from various health, environmental, and consumer protection entities for its potential impact on extant lawsuits. These suits are primarily linked to victims alleging harm from ingredients contained in products such as Roundup. The Center for Biological Diversity, a strong opponent…
Data Media Associates, LLC (DMA), a major player in the health insurance industry, recently reported an important data breach related to their MOVEit platform. As reported on JD Supra, DMA discovered that an unauthorized party gained access to confidential consumer information stored on its third-party software platform, MOVEit. As such, it appears that complex cybersecurity…
As a legal professional, it’s crucial to keep up with developments and debates surrounding consent, particularly as they pertain to minors and their position in the evolving landscape of digital communication. Irrespective of where one may stand in this ongoing debate, it raises significant legal questions about the nature of consent, minors’ rights, and the…
Legal professionals may want to take note of the recent adjustments regarding the Telephone Consumer Protection Act (TCPA) exemptions, which took effect on July 20, 2023. These revised rules, issued by the Federal Communications Commission (FCC), primarily concern artificial or prerecorded voice calls directed at residential telephone lines. According to the report prepared by Manatt,…
On August 23, 2023, IEC Group, trading under the name AmeriBen, lodged a data breach notification with the Texas Attorney General. This action was necessitated after the realization that confidential customer data within the company’s purview was indeliberately accessible. In this remarkably troubling notification, AmeriBen reveals that this incident led to an unauthorized party’s ability…
As businesses continue to navigate the rapidly advancing landscape of Artificial Intelligence (AI), they find themselves confronting novel regulatory hurdles and compliance considerations. In particular, the use of AI in call centers and other forms of customer outreach activity has sparked legal discussions around compliance with the Telephone Consumer Protection Act (TCPA). Adopting AI into…
In recent years, a rise of privacy laws at state level in the U.S. has been filling the gap that is left by the continued absence of a comprehensive federal privacy law. This has brought a new layer of complexity for businesses trying to navigate this changing landscape, as reported in JDSupra. These state consumer…
In the ever-evolving landscape of legal affairs, one case of interest to professionals in the sector is the recent fallout of the “Blessing Loom” scheme. Legal news outlet JD Supra reports that the Federal Trade Commission (FTC) successfully initiated a settlement related to the so-called “Blessing Loom” scheme, reaffirming the importance of regulatory oversight in…