Compliance Now

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

Sep 18, 2020

Industry Associations Release Best Practices For Medical Accounts Resolution

If your business involves medical billing or collections, we recommend you review a best practices document released this week. The Healthcare Financial Medical Association Accounts Receivable Resolution Task Force, in partnership with ACA International, has updated previously released 2014 recommendations for Best Practices for Resolution of Medical Accounts (“Report”). The Task Force was comprised of providers, consumer advocates, collection agencies, [...]

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Sep 02, 2020

CCPA Business Contact and Employee Exemption Extended

The California legislature has extended partial exemptions under the California Consumer Privacy Act (CCPA) for the collection and processing of personal information related to business contacts and employees/independent contractors until January 1, 2022. Originally slated to expire on January 1, 2021, these exemptions remove the vast majority of CCPA’s obligations with regard to personal information collected from business contacts in [...]

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Aug 17, 2020

California Formally Approves CCPA Regulations

In June, the California attorney general submitted “final” CCPA regulations to the Office of Administrative Law (OAL) for approval. Last Friday, the state released the text of the Approved Regulations and the Final Statement of Reasons. Most changes equate to “clean-up” of the AG’s draft; however, the approved regulations include the following substantive changes: Removed all references to the “Do [...]

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Jul 16, 2020

BREAKING: EU Court Overturns Privacy Shield

The European Court of Justice ruled today that the EU-U.S. Privacy Shield framework does not provide adequate safeguards for transfers of personal data from the European Union to the United States because of the lack of limits on access to the transferred data by intelligence officials and others. Under the European Union’s General Data Protection Regulation (“GDPR”), data controllers and [...]

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Jun 30, 2020

The U.S. Supreme Court Rules CFPB Leadership Structure Unconstitutional

On June 29, the Supreme Court issued a decision in Seila Law v. CFPB addressing the constitutionality of the Consumer Financial Protection Bureau. While the Court did not grant the petitioner’s request to invalidate the CFPB as a whole, a five-justice majority of the Court ruled that the CFPB’s Director “must be removable by the President at will.” The CFPB [...]

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Jun 29, 2020

CCPA Enforcement Begins This Week

Effective Wednesday, July 1, 2020, the California Attorney General may begin enforcing the California Consumer Protection Act (CCPA). Passed just over two years ago, the CCPA requires regulated businesses to provide more transparency regarding their data privacy practices and gives California consumers additional rights and control over their personal information. The landmark privacy law took effect on January 1, 2020 [...]

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Jun 11, 2020

Class Action Against Walmart For Overcharging Meat Prices Still Cooking After Motion to Dismiss Denied

Walmart’s motion to dismiss class action claims brought against it for allegedly overcharging consumers for reduced-price weighted goods, such as beef, poultry, and pork, was recently denied in the U.S. District Court, Southern District of Florida. Plaintiff Vassilios Kukorinis is seeking remedy from Walmart for alleged unfair, deceptive, and unconscionable business practices after Walmart stores allegedly charged a higher total [...]

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May 22, 2020

Six of the Most Important Aspects of the Proposed CPRA You Should Know

Building off the California Consumer Privacy Act of 2018 (“CCPA”), the California Privacy Rights Act of 2020 (“CPRA”) is a proposed ballot initiative aimed to amend and broaden the CCPA. If passed by California voters in November 2020, the CPRA would enhance consumer privacy rights, impose additional restrictions on the use of personal information by businesses, and create a new [...]

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May 11, 2020

Biometric Privacy Laws – What Businesses Need to Know about BIPA

Businesses are increasingly using biometrics to identify and provide services to their customers and employees.  For example, using fingerprint-based time systems ensures the accuracy of employee work hours while preventing practices such a buddy punching.  In addition, businesses can use fingerprint, voice id, or facial recognition technologies to secure access for its employees and customers. While adopting these technologies can [...]

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Apr 30, 2020

Clashing Circuit Court Opinions Bring Viability of Nationwide Class Actions into Question

Perhaps the most consequential debate being waged over the future of class action litigation is whether nationwide class-action lawsuits will continue to be permitted against defendants who are neither based nor incorporated in the state in which a suit is brought. The battle is on the verge of a circuit split. In Bristol-Meyers Squibb v. Superior Court (2017), the U.S. [...]

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