Consumer – Page 218 – Legal News Feed

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Navigating Ag-Gag Laws: Essential Guide for Legal Professionals in US Agriculture and Animal Production

Pieter Gunst3 years ago03 mins

A detailed understanding of Ag-Gag legislation, especially for legal professionals working with agricultural and animal production industries in the United States is vital. This legislation, enacted in several states, aims to provide lawful protection to these industries from unauthorized interferences. The legality of these laws, however, continues to remain a point of contention. The legislation,…

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Furnishing Data to CRAs Does Not Establish Personal Jurisdiction: Implications for FCRA and FDCPA Cases

Pieter Gunst3 years ago02 mins

The United States District Court in Kentucky has granted a motion to dismiss a case concerning the Fair Credit Reporting Act (FCRA) and Fair Debt Collection Practices Act (FDCPA), indicating that the furnishing of data to a Consumer Reporting Agency (CRA) does not establish personal jurisdiction in the consumer’s home state. This comes after a…

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Massachusetts Location Shield Act: Aiming to Secure Consumer Location Data from Unwanted Distribution

Pieter Gunst3 years ago03 mins

In response to increasing concerns about the potential for unwanted collection and sharing of location data, Massachusetts lawmakers are looking to implement unique legislation in the form of the Massachusetts Location Shield Act. If materialized, this legislation would prohibit the sale of cellular location data across the state. Proposed in both the House of Representatives…

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Expanded Licensing Requirements Impact FinTechs in Connecticut and Nebraska: A Closer Look at Recent Amendments

Pieter Gunst3 years ago03 mins

A critical development for consumer loan FinTechs and their Special Purpose Entities (SPEs) is the recent adoption of statutory amendments by Connecticut and Nebraska that expand licensing requirements to state non-mortgage consumer lending laws. The amendments underscore a keen interest in third-party marketers and servicers who act on behalf of insured depository institutions with respect…

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Osage Nation Seeks Eligible Telecommunications Carrier Designation: Potential Impact on Lifeline Program

Pieter Gunst3 years ago03 mins

In the ever-evolving world of telecommunications law, the Wireline Competition Bureau (WCB) has recently made a decision that could potentially reshape the landscape of service providers. On July 27, 2023, the WCB issued an Order (DA 23-641) seeking comments on a petition by the Osage Nation to gain designation as an Eligible Telecommunications Carrier (ETC)….

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Legal Implications of Influencer Actions: Union Square Chaos Highlights Need for Greater Scrutiny

Pieter Gunst3 years ago03 mins

In a world where social media influencers hold significant sway over consumer buying behavior, questions around the legal implications of their actions become incredibly pertinent. One instance, capturing recent headlines, emphasizes the potential for these influencers to incite chaos, manifesting in a public disorder situation. According to a jdSupra post, an influencer with 3.6 million…

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Colorado DOI Fast-Tracks Rulemaking for Big Data Governance in Insurance Industry

Pieter Gunst3 years ago04 mins

In an attempt to regulate governance and risk management framework requirements within the insurance industry, the Colorado Division of Insurance (DOI) is holding a virtual rulemaking hearing on August 31, 2023. As reported, this hearing pertains to the proposed regulation on life insurers making use of external consumer data and information sources, as well as…

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Debunking Myths: Analyzing the Constitutional Legitimacy of the CFPB

Pieter Gunst3 years ago03 mins

In recent times, the question of the Consumer Financial Protection Bureau’s (CFPB) constitutional legitimacy has gained increased attention. The hinge point of the discussions is a crucial Fifth Circuit case currently under review by the U.S. Supreme Court. This dispute has bred a plethora of misconceptions. We’re going to debunk three of the most rampant…

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CFPB Files Lawsuit Against USASF for Alleged Consumer Financial Protection Act Violations

Pieter Gunst3 years ago02 mins

The Consumer Financial Protection Bureau (CFPB) has initiated a lawsuit against USASF Servicing (USASF), a Georgia federal district court. According to JD Supra, the CFPB claims that USASF is in violation of the Consumer Financial Protection Act, engaging in several unfair acts or practices. USASF services retail installment sales contracts (RICs) that are originated by…

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Unraveling the PFAS Conundrum: Analyzing the Environmental and Legal Implications

Pieter Gunst3 years ago03 mins

The potentially harmful consequences of Per- and Polyfluoroalkyl Substances (PFAS) have become a hot topic of discussion among environmentalists and legal professionals. The PFAS Emerging Contaminants Handbook by law firm Steptoe & Johnson PLLC offers a comprehensive analysis surrounding the disturbing aspects of PFAS chemicals and their effects on our environment. Akin to many substances…

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CFPB Spotlights UDAAPs in Summer 2023 Supervisory Report: Key Findings and Implications

Pieter Gunst3 years ago02 mins

The Consumer Financial Protection Bureau (CFPB) released its Summer 2023 Supervisory Highlights on July 26, detailing a range of Unfair, Deceptive, and Abusive Acts or Practices (UDAAPs). These findings span across an array of consumer financial products and violate the Consumer Financial Protection Act (CFPA). Products identified in this report encompass auto origination, auto servicing,…

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Small Business Lending Rule on Hold: Texas Court Awaits Supreme Court Decision in CFPB Constitutionality Case

Pieter Gunst3 years ago02 mins

In a significant development, the U.S. District Court for the Southern District of Texas has stopped the Consumer Financial Protection Bureau (CFPB) from implementing and enforcing the small business lending rule, also known as Section 1071. The Court’s decision to grant an injunction is pending the Supreme Court’s judgement in a related case, Community Financial…

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Nevada Pioneers Earned Wage Access Legislation: Analyzing SB 290’s Potential Impact on US Fintech and Employment

Pieter Gunst3 years ago03 mins

Recent developments in Nevada law have stirred up discussion among legal professionals with the governor’s signing of SB 290 into law in June. This legislation makes Nevada the first state to specifically define and regulate the provision of earned wage access (EWA) products within a comprehensive statutory framework, as reported byJD Supra. EWA products enable…

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Telehealth Landscape Shifts: Key Legislative Developments Impacting Providers and Patients

Pieter Gunst3 years ago02 mins

The week of July 25th to 31st, 2023, was marked with significant developments in telehealth. Various states presented legislative and regulatory developments that greatly impact healthcare providers, telemedicine companies, pharmacies, and digital health. These developments have far-reaching effects on entities delivering and facilitating the delivery of virtual care. Such policies and advancements can shape the…

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Q2 2023: Data Privacy Legislation Progress amid Cybersecurity Concerns

Pieter Gunst3 years ago02 mins

The second quarter of 2023 has seen various developments in the domain of data privacy and cybersecurity including legislative measures and high-profile data breaches. An important focus has been the move to establish federal data privacy legislation in the U.S, an initiative that continues amid concerns surrounding the inadequacy of existing sector-specific laws. In a…

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Navigating California’s SB 54: What Legal Professionals Need to Know

Pieter Gunst3 years ago03 mins

California, bearing a strong economy likened to global powerhouses, has consistently proven its ambition in environmental legislation. Among these, the SB 54 – an extended producer responsibility (EPR) law that imposes source reduction and recycling requirements for single-use packaging and plastic food service ware – undeniably stands out. While it is inarguably a key piece…

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Tribal Nations Pave the Way for Direct EV Sales, Overcoming State Restrictions

Pieter Gunst3 years ago03 mins

In a fascinating development in electric vehicle (EV) manufacturing and financing, Tribal Nations are leveraging their sovereign status to address longstanding state laws that often inhibit direct sales from vehicle manufacturers to buyers, which has hindered progression in EV sales. A comprehensive report by McGlinchey Stafford elucidates the issue at hand and the actions being…

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CFPB Files Reply Brief in Supreme Court Showdown over Funding Mechanism Constitutionality

Pieter Gunst3 years ago01 mins

The Consumer Financial Protection Bureau (CFPB) has filed its reply brief with the U.S. Supreme Court in Community Financial Services Association of America Ltd. v. CFPB, according to an update from JD Supra. In the case, the Community Financial Services Association of America (CFSA) has requested the Supreme Court to confirm the decision from the…

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Crypto Exchange Arbitration Clauses Face Scrutiny Following English Court Ruling

Pieter Gunst3 years ago03 mins

In a noteworthy case for online businesses, the English Commercial Court has put forth a decision that may cause businesses to reconsider reliance upon arbitration clauses in standard terms. The case of Payward Inc. v Chechetkin resulted in the English Court refusing to recognise a US arbitration award based on public policy grounds, thus allowing…

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Montana Advances Privacy Rights with Genetic Information Privacy Act

Pieter Gunst3 years ago03 mins

In the rapidly evolving legislative landscape centered around consumer data privacy, Montana emerges as the latest state to take decisive action. Not only has Montana introduced the Consumer Data Privacy Act, but it has also recently passed the Genetic Information Privacy Act, marking a significant advancement in protecting the privacy rights related to consumer’s genetic…

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Perception Surveys: A New Dimension in “Made in USA” Claims Litigation

Pieter Gunst3 years ago03 mins

USA Made claims continue to garner significant legal attention, with regular challenges from the Federal Trade Commission (FTC) among others. Recent attention has been focused on a class certification against R.C. Bigelow, Inc., in the Central District of California, making the matter a crucial point of consideration for legal professionals in corporate sectors and law…

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DOJ and FTC Draft Guidelines Signal Shift in US Merger Enforcement Policies

Pieter Gunst3 years ago02 mins

The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) have issued draft guidelines concerning the application of U.S. antitrust laws to merger investigations. This represents a significant shift in policy direction, calling into question decades of legal precedent on merger enforcement. Significantly, the draft guidelines propose an abandonment of competitive effects analyses, which…

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Navigating Complexities: 7 Key Considerations for AI Contract Negotiations

Pieter Gunst3 years ago04 mins

Artificial intelligence (AI) continues to infiltrate numerous sectors, including law. Legal professionals have begun leveraging advanced technology to streamline operations and deliver efficient services. However, with this development, lawyers are now faced with the dilemma of negotiating contracts for AI services. This exposure emphasizes the need to be thoroughly aware of all aspects surrounding AI…

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FTC Rises as Key Player in Health Data Privacy Enforcement: Implications for the Corporate Sector

Pieter Gunst3 years ago03 mins

Over the past year, the Federal Trade Commission (FTC)’s actions have indicated its increased role in health privacy enforcement. The FTC has strategically led enforcement actions, policy statements, and regulatory changes aimed at scrutinizing the misuse of consumer health data and related types of information by companies. This has positioned the FTC as one of…

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TCPA Ruling: District Court Validates Consent Given in Phone Call for Fax Advertisements

Pieter Gunst3 years ago02 mins

In a recent decision offering insight into the interpretation of the Telephone Consumer Protection Act (TCPA), the U.S. District Court for the Southern District of Alabama dismissed a TCPA complaint against a sender of fax advertisements. The case in question, Boone’s Pharmacy, Inc. v. Ezrirx, LLC, dealt with the issue of whether a phone conversation…