News & Analysis as of

Personally Identifiable Information Financial Services Industry

Katten Muchin Rosenman LLP

SEC Grants Further Relief From Including Personally Identifiable Information in CAT Reporting

On February 10, the Securities and Exchange Commission (SEC) granted relief exempting industry members from reporting a natural person’s name, address, and year of birth to the Consolidated Audit Trail (CAT). Industry members...more

Troutman Pepper Locke

The Supreme Court of Virginia Provides Needed Cybercrime Guidance

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On November 21, the Supreme Court of Virginia entered a published order reversing a 14-3 en banc decision of the Court of Appeals of Virginia addressing the applicability of Virginia’s criminal laws regulating cybercrime. The...more

Barnea Jaffa Lande & Co.

Cybersecurity Enforcement Tightens in NY, Reflecting a Trend

Barnea Jaffa Lande & Co. on

The New York State Department of Financial Services (NYDFS) and the Attorney General’s office have recently imposed significant fines totalling $11.3 million on Geico and Travelers for data breaches that compromised the...more

Robinson+Cole Data Privacy + Security Insider

Ally Financial Faces Class Actions Over Data Breach

Ally Financial Inc., a digital financial services company, faces two class action lawsuits in the U.S. District Court for the Western District of North Carolina related to an April 2024 data breach. The suits allege that Ally...more

Troutman Pepper Locke

30 States Urge Ninth Circuit to Reinstate Data Privacy Lawsuit

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In an unusual move, attorneys general (AG) from 30 states and the District of Columbia filed a bipartisan amicus brief in the Ninth Circuit supporting efforts to revive a proposed class action against payment processor...more

Ballard Spahr LLP

FHA Requiring Reporting of Significant Cybersecurity Incidents

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In Mortgagee Letter 2024-10, FHA announced a requirement for FHA approved lenders to notify the U.S. Department of Housing and Urban Development (HUD) of Significant Cybersecurity Incidents. The Mortgagee Letter, which is...more

Troutman Pepper Locke

More Privacy, Please – February 2024

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Editor’s Note: In recent regulatory and enforcement developments, the White House announced a new executive order aimed at strengthening cybersecurity at U.S. ports, and another executive order was issued to protect sensitive...more

Troutman Pepper Locke

More Privacy, Please – January 2024

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NIST Publishes Report on the Cybersecurity of Genomic Data. On December 20, 2023, the NIST National Cybersecurity Center of Excellence (NCCoE) published Final NIST IR 8432, Cybersecurity of Genomic Data. Informed by direction...more

Troutman Pepper Locke

Online Tracking Case Dismissed by Ninth Circuit Holding that Online Purchase Does Not Subject Web-Based Payment Processing...

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In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit was tasked with determining whether the alleged extracting and retaining of consumer data and tracking of customers using an online payment...more

Holland & Knight LLP

A New General Notice Requirement for Financial Institutions

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The Federal Trade Commission (FTC) on Oct. 27, 2023, announced further amendments to the Gramm-Leach-Bliley Safeguards Rule (Safeguards Rule). The Safeguards Rule became effective in 2003, requiring certain financial...more

Rothwell, Figg, Ernst & Manbeck, P.C.

White House AI Order Balances Innovation And Regulation

On Oct. 30, President Joe Biden issued an executive order on safe, secure and trustworthy artificial intelligence. The executive order provides a sprawling list of directives aimed at establishing standards for AI safety...more

Katten Muchin Rosenman LLP

New FTC Rule Requires Certain Financial Institutions to Report Loss of Unencrypted Customer Data

On October 27, the Federal Trade Commission (FTC or Commission) published a final rule expanding data breach notification requirements for certain financial institutions (Final Rule). Federal Register, will require entities...more

Ballard Spahr LLP

CFPB Issues Proposed Rule Offering Consumers Greater Access to and Control Over Their Financial Data

Ballard Spahr LLP on

On October 19, 2023, the Consumer Financial Protection Board (“CFPB”) released a proposed rule that, if enacted, would grant consumers greater access rights to the data their financial institutions hold. Under the proposed...more

Orrick, Herrington & Sutcliffe LLP

Oregon is 11th state to enact comprehensive privacy legislation

On July 18, the Oregon governor signed SB 619 (the Act) to establish a framework for controlling and processing consumer personal data in the state. Oregon follows California, Colorado, Connecticut, Virginia, Utah, Iowa,...more

Orrick, Herrington & Sutcliffe LLP

1st Circuit confirms standing for data breach victims

On June 30, the U.S. Court of Appeals for the First Circuit overruled a district court’s dismissal of a putative class action against a home delivery pharmacy service for allegedly failing to prevent a 2021 data breach that...more

McDermott Will & Schulte

[Webinar] Navigating State Privacy Law Applicability for Healthcare and Financial Services Organizations - June 22nd, 12:00 pm -...

Join Elliot Golding, Daniel Gottlieb and Amy Pimentel for a deep dive into how the new state privacy laws impact the healthcare and financial services industries....more

Tonkon Torp LLP

What You Need to Know about the FTC Safeguards Rule

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The compliance deadline for implementation of certain requirements of the Federal Trade Commission’s (FTC) Standards for Safeguarding Customer Information, better known as the “Safeguards Rule,” is June 9, 2023. Here is what...more

Jackson Lewis P.C.

Reminder: The FTC “Safeguards Rule” Compliance Date is Next Month

Jackson Lewis P.C. on

The Federal Trade Commission updated its “Standards for Safeguarding Customer Information” (“Safeguards Rule”) and extended the compliance deadline to June 9, 2023. Some entities still may be wondering – “Do these regulations...more

McGlinchey Stafford

[Webinar] Deep Dive into Privacy: Think You Are Not Privacy Counsel? Think Again. A Webinar on What You Need to Know. - February...

McGlinchey Stafford on

The next installment in McGlinchey’s Deep Dive Series covering all things privacy is a webinar featuring attorneys from McGlinchey’s Financial Institutions Compliance, Financial Services Litigation, and Insurance Regulatory...more

Orrick, Herrington & Sutcliffe LLP

California’s privacy agency finalizes CPRA regulations

On February 3, the California Privacy Protection Agency (CPPA) Board voted unanimously to adopt and approve updated regulations for implementing the California Privacy Rights Act (CPRA). The proposed final regulations will...more

Orrick, Herrington & Sutcliffe LLP

Illinois Supreme Court sets five-year SOL for section 15 BIPA violations

On February 2, the Illinois Supreme Court held that under the state’s Biometric Information Privacy Act (BIPA), individuals have five years to assert violations of section 15 of the statute. ...more

Orrick, Herrington & Sutcliffe LLP

District Court approves $11 million data breach settlement

On January 4, the U.S. District Court for the Northern District of Texas granted final approval of an $11 million class action settlement resolving allegations related to a February 2021 data breach that compromised more than...more

Orrick, Herrington & Sutcliffe LLP

Social media users denied preliminary injunction in privacy suit

On December 22, the U.S. District Court for the Northern District of California denied plaintiffs’ motion for preliminary injunction in a privacy suit. According to the order, the plaintiffs alleged that the social media...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - August 2022

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CYBERSECURITY - New York DFS Fines Robinhood $30M for “Significant” Cybersecurity Violations - The New York Department of Financial Services (DFS) announced its first ever penalty against a cryptocurrency platform...more

Robinson+Cole Data Privacy + Security Insider

Lending Tree Notifies 70,000 Customers of Data Breach

Online mortgage lender Lending Tree sent breach notification letters to affected individuals on June 29, 2022. The letter advises those persons that their name, social security number...more

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