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…
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…
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…
A hot topic in international trade for August 2023 pertains to the requirements for bottling/packing Tequilas in the United States. This is an update considering the recent record of Mexico’s Tequila exports to the United States. The U.S being the leading consumer of Mexico’s Tequila, in 2022 the U.S. imported more than 338 million liters…
Earlier this summer, the Federal Trade Commission (FTC) proposed a new rule aimed at tackling the escalating issue of fake reviews that deceive a large number of consumers. The proposal emerged as part of the FTC’s broadened efforts to protect consumers from misleading, false or unscrupulous online behaviors often deployed by companies to artificially boost…
In a recent turn of events, the Eleventh Circuit broke from its prior holding and published an en banc opinion that aligns it with other Circuits. The court ruled that a plaintiff who receives a single unwanted text message qualifies for Article III standing under the Telephone Consumer Protection Act (TCPA). The decision was covered…
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…
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…
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…
In a move aimed at promoting fairness in the housing market, the U.S. Department of Housing and Urban Development (HUD) announced a partnership with the National Association of Real Estate Brokers (NAREB) on August 2. This cooperative venture seeks to tackle appraisal bias and discrimination that have been identified as prevailing issues within the housing…
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…
On July 31, the U.S. District Court for the Southern District of Texas granted, in part, and denied, in part, a preliminary injunction against the Consumer Financial Protection Bureau (CFPB). This injunction had been filed by a bank and two trade associations. Their purpose was to prevent the CFPB from enforcing its new final rule,…
On August 2, the Consumer Financial Protection Bureau (CFPB) filed a complaint in the U.S. District Court for the Northern District of Georgia against a prominent auto-loan servicer. The CFPB alleges a series of illegal practices perpetrated against individuals with auto loans by the servicer. The lawsuit cites a blatant violation of the Consumer Financial…
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…
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 &…
In what is emerging as another chapter in the consumer-food industry’s reality versus expectation saga, popular fast-food chain Taco Bell faces legal heat over allegations that its Mexican Pizza and Crunchwraps are not visually akin to their advertising photos, according to a recently filed lawsuit. As per the filed complaint, the claimants argue that Taco…
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…
A consortium of trade groups has recently reached out to the Consumer Financial Protection Bureau (CFPB), urging them to extend the relief granted by a Texas federal district court’s stay of compliance dates for the CFPB’s final small business lending rules (the Rule). This push is to include all entities that the Rule would cover,…
On August 3, 2023, Unum Group – a Fortune 500 insurance company – became yet another target of cyber criminals as it revealed a data breach on its subsidiary- Starmount Life Insurance Company, Inc. The company posted a notice of data breach on its website, alerting users about unauthorized access to its MOVEit server. According…
The Federal Communications Commission (FCC) recently took a significant step in its ongoing efforts to enforce proper consumer data security in the telecommunications industry. The agency announced a proposed fine of $20 million targeting two affiliated mobile carrier companies for their alleged violations of FCC rules. The FCC says the companies in question failed to…
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….
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…
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…
The Federal Trade Commission (FTC) is delving deeper into the issue of greenwashing – a trend that has seen an influx with the rise in consumer awareness about climate change and the implications of the goods and services they purchase. There is a growing market for products flaunting their environmental, social, and governance (ESG) consciousness….
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…