In the wake of recent federal directives diminishing the Consumer Financial Protection Bureau (CFPB), state authorities are increasingly stepping in to uphold consumer protections. Michigan Attorney General Dana Nessel has...more
2/12/2025
/ Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Enforcement Actions ,
Financial Regulatory Reform ,
Overdraft Fees ,
Popular ,
Regulatory Oversight ,
Regulatory Requirements ,
State Attorneys General ,
State Regulators ,
Unfair or Deceptive Trade Practices
A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit on Thursday handed the plaintiffs’ bar a resounding win. ...more
9/24/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Banking Sector ,
Financial Services Industry ,
Popular ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Text Messages
A plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act (TCPA) for alleged autodialed calls made to her without her consent, a California federal district court recently...more
8/22/2016
/ Article III ,
Auto-Dialed Calls ,
Banking Sector ,
Corporate Counsel ,
Debt Collection ,
Dismissals ,
Injury-in-Fact ,
Popular ,
Prior Express Consent ,
Robocalling ,
Standing ,
TCPA
The European Parliament has voted to adopt the draft text of the General Data Protection Regulation (GDPR), which imposes enhanced requirements on organizations processing personal data in the European Union and transferring...more
The new Telephone Consumer Protection Act (TCPA) exemption for calls made to cellular numbers to collect debts owed to or guaranteed by the United States applies retroactively to calls made before the exemption's effective...more
4/18/2016
/ ATDS ,
Bipartisan Budget ,
Cell Phones ,
Debt Collection ,
Exemptions ,
FCC ,
Federal Loans ,
Federal Student Loans ,
Popular ,
Retroactive Application ,
TCPA
A recent letter from Federal Communications Commission (FCC) Chairman Tom Wheeler describes the regulations being considered by the FCC for implementing new Telephone Consumer Protection Act (TCPA) exemptions for calls made...more
3/16/2016
/ Auto-Dialed Calls ,
Corporate Counsel ,
Debt Collection ,
Exemptions ,
FCC ,
IRS ,
NPRM ,
Popular ,
Prior Express Consent ,
Robocalling ,
TCPA
Nearly three in five Californians were victims of a data breach in 2015, according to a report released by state Attorney General Kamala D. Harris. The report adopts minimum standards of ''reasonable security'' for personal...more
A creditor that received a consumer's cell phone number through an intermediary had the consumer's ''prior express consent'' under the Telephone Consumer Protection Act (TCPA) to receive calls from a debt collector, the U.S....more
2/29/2016
/ Auto-Dialed Calls ,
Cell Phones ,
Corporate Counsel ,
Debt Collection ,
FCC ,
Health Care Providers ,
Popular ,
Prior Express Consent ,
Putative Class Actions ,
Summary Judgment ,
TCPA
President Obama's Cybersecurity National Action Plan (CNAP), a comprehensive plan to address the nation's cybersecurity challenges through increased funding, a more robust cybersecurity workforce, and education initiatives,...more
The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have released Interim Guidance Documents (Guidance Documents) to implement the Cybersecurity Information Sharing Act of 2015 (CISA). The Act...more
A new Federal Trade Commission (FTC) report, "Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues," warns that certain uses of big data consisting of consumer information may implicate various federal...more
The FTC has announced enforcement actions against two app developers that allegedly violated the Children’s Online Privacy Protection Act (COPPA) by using persistent identifiers to serve advertising to children. The...more
The Federal Communications Commission (FCC) has recently taken two significant actions addressing robocalls under the Telephone Consumer Protection Act (TCPA)—the imposition of a $2.96 million fine and the adoption of new...more
8/17/2015
/ Cell Phones ,
Do Not Call List ,
FCC ,
Popular ,
Prior Express Consent ,
Private Right of Action ,
Right to Privacy ,
Robocalling ,
Smartphones ,
TCPA ,
Telecommunications
Phone calls made to promote a movie constituted “telemarketing” under the Telephone Consumer Protection Act (TCPA) even though the two prerecorded messages left on the plaintiffs’ home phone line made no reference to the...more
7/30/2015
/ Article III ,
Class Action ,
Corporate Counsel ,
Do Not Call List ,
Popular ,
Putative Class Actions ,
Robocalling ,
SCOTUS ,
Spokeo ,
Spokeo v Robins ,
Standing ,
TCPA ,
Telemarketing
The U.S. Court of Appeals for the 11th Circuit has ruled that a plaintiff must show that the defendant knew its conduct violated the Telephone Consumer Protection Act (TCPA) to establish a willful or knowing TCPA violation....more
The recently released Federal Trade Commission staff report, Internet of Things: Privacy & Security in a Connected World, provides companies with insight into the FTC's consumer privacy and data security expectations for the...more
In a recent advisory, the Research and Education Networking Information Sharing and Analysis Center (REN-ISAC) warned higher education institutions about sophisticated phishing attacks that target faculty and staff...more
A small private cybersecurity firm recently revealed that a Russian computer hacking organization amassed more than 1.2 billion username and password combinations. The data was collected across a wide swath of websites, from...more