Compliance Now

Bringing clarity and insight to the consumer protection regulations impacting your business

Sep 02, 2021

What You Need to Know About State Auto-Renewal Laws (ARLs)

Once upon a time, subscriptions were something customers signed up for that resulted in a magazine or newspaper arriving for a set amount of time. Today? Subscriptions have become the norm. From Netflix and Audible at home to subscriptions for Adobe and Microsoft for work, it is clear that business models have evolved. Subscriptions can be convenient for consumers, and [...]

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Jul 22, 2021

Get the Most from your Compliance Audit: Four Tips from an Experienced Compliance Attorney

A regulatory compliance audit is an assessment of a business’s policies, procedures, and practices against an established set of legal requirements or industry best practices. You may be evaluating your telemarketing practices against requirements of the TCPA and other telemarketing laws, your marketing campaigns against UDAP regulations, or your privacy framework against new CCPA demands. You might also be assessing [...]

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Jul 09, 2021

Five Things You Need to Know About Attorney General Enforcement Actions

A conversation with Helen Mac Murray, Founding Partner, Mac Murray & Shuster, LLP Do You Need to Worry About Consumer Protection Laws? The short answer is yes. A quick primer: Consumer protection laws are an important tool in the arsenals of state attorneys general (AGs), and their offices are quick to take targeted enforcement action against any business found [...]

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Jun 16, 2021

Senate Confirms Democrat Lina Kahn as FTC Chair, Ending Partisan Split

On Tuesday, June 15, 2021, the U.S. Senate confirmed Democrat Lina Kahn as Chair of the Federal Trade Commission. Kahn’s term will last through September 2024 as she takes over the position previously held by FTC Chair Joseph Simmons, who resigned in January 2021. With both Democrats and Republicans focusing on helping state and federal antitrust enforcers combat Big Tech’s [...]

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Jun 15, 2021

Resolving Disputes Out of Court: Understanding Mediation & Arbitration

“The courts of this country should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried.” — U.S. Supreme Court Justice Sandra Day O’Connor These words lend wisdom and provide insight to parties trying to decide how best to resolve a [...]

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May 26, 2021

Proactively Managing Regulatory Compliance

A Monthly, Quarterly, and Annual Checklist for Your Organization Maintaining compliance with important privacy and other consumer protection regulations is not something you can afford to set and forget. If your business engages directly with consumers, or supports other businesses that do, there are specific compliance-focused tasks that should be part of your ongoing operations. It’s critical to stay on [...]

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Apr 22, 2021

Supreme Court Unanimously Limits FTC’s Authority to Seek Monetary Restitution

The Supreme Court issued a ruling that will limit the Federal Trade Commission’s ability to collect restitution when companies are found to have violated the FTC Act by engaging in false advertising. In its Opinion, the Court stated, “The question presented is whether th[e] statutory language authorizes the Commission to seek, and a court to award, equitable monetary relief such [...]

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Apr 26, 2021

Eleventh Circuit Holds Debt Collector’s Communication of Personal Information to Mail House May Violate FDCPA

On April 21, 2021, in a decision that threatens collector relationships with vendors, the Eleventh Circuit held that a debt collector’s transmittal of a consumer’s personal information to a mail house vendor constitutes a communication “in connection with the collection of any debt” to a third party, potentially in violation of the Fair Debt Collection Practices Act (FDCPA). In Hunstein [...]

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Mar 22, 2021

California AG’s Additional Regulations to CCPA Take Effect

On March 15, 2021, the California Attorney General’s Office (“CAG”) announced approval by the Office of Administrative Law of the fourth set of modifications to the California Consumer Privacy Act regulations. The minor modifications accepted in the fourth proposal clarify the CCPA, although developments will continue until after implementation of the California Privacy Rights Act, which is effective on January [...]

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Mar 17, 2021

Consumer Financial Protection Bureau Rescinds 2020 Abusive Acts Policy Statement

On March 11, 2021, the Consumer Financial Protection Bureau rescinded its “Statement of Policy Regarding Prohibition on Abusive Acts or Practices” announced in January 2020. The Statement attempted to clarify uncertainty surrounding the Bureau’s exercise of its abusiveness jurisdiction. However, new Bureau leadership determined that the Statement had the opposite effect, hampering understanding while creating potential harm to consumers and [...]

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