The recent scrutiny and class action litigation accompanying Zoom’s rapid transformation to the cultural mainstream stands as a powerful reminder of the importance of proactively understanding and disclosing how a business collects, uses, and shares its customers’ personal information. In a cruel twist to the adage “the coverup is worse than the crime,” it is not Zoom’s data practices that [...]
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law Friday by President Trump. The Act drastically expands loans available through the Small Business Act (SBA) in order to allow small businesses to pay regular expenses, with extensive loan forgiveness for certain essential business expenses, including payroll. The Act is intended to spare businesses and employees [...]
Pennsylvania Attorney General Josh Shapiro and U.S. Attorney Scott Brady have joined forces to investigate potential fraud related to coronavirus. In addition, the task force includes the FBI, U.S. Secret Service, U.S. postal inspectors, U.S. Immigration and Customs Enforcement, the Social Security Administration’s inspector general, the U.S. Department of Education’s inspector general, and the state police. The group seems to [...]
Last month, the California AG released Version 2 of its proposed CCPA regulations. Version 2 made significant changes to the original draft released last October. Yesterday, the AG released Version 3 of the proposed regulations. This round of edits consists primarily of minor clarifications and text clean-up; however, the following changes are noteworthy: Point of Collection Disclosures for Indirect Collections. [...]
Approximately one month after taking effect, the California Consumer Privacy Act (“CCPA”) popped up—albeit in a limited fashion—in consumer litigation. At the beginning of February, online retailer Hanna Andersson and Salesforce.com were hit with a class action lawsuit stemming from a reported data breach spanning approximately three months in the fall of 2019. The information compromised in the breach is [...]
Today’s online marketplace is filled with reviews, testimonials, and endorsements from a host of sources including everyone from the average consumer to bloggers and other celebrities. The power of an endorsement can significantly influence consumer behavior and almost always leads to increased sales. With this in mind, the Federal Trade Commission (“FTC”) published guidelines in 1980 that include requirements for [...]
Late Friday, the California Attorney General’s Office (“CAG”) released substantial modifications to the draft California Consumer Privacy Act (“CCPA”) regulations it proposed last October. Although several changes consist of minor clarifications or enhancements to readability, others will have a profound impact on businesses working to comply with the CCPA. Notable changes include: Personal Information. Further clarifies that information is not [...]
On January 6, 2020, Andrew Smith, The Federal Trade Commission’s (“FTC”) Consumer Protection Director, outlined key changes made in 2019 to its data security orders. These changes, intended to provide improved guidance for businesses and greater protection for consumers, have been part of an ongoing effort over 2019 to enhance the Commission’s data security orders. The Commission sought to build a more [...]
In the coming months, the U.S. Supreme Court will decide whether the structure of the Consumer Financial Protection Bureau (“CFPB”) is constitutional. The Court will specifically look at whether the CFPB’s structure, which insulates the Director of the Bureau from the President, violates the separation of powers. In anticipation of the ruling, the Trump Administration asserted in its brief that [...]
Earlier this week, the Republican Attorneys General Association (“RAGA”) officially announced the election of a new leadership team that will lead the organization’s campaign efforts in 10 states holding attorney general races in the upcoming 2020 elections. The leadership team, which will be led by Louisiana Attorney General Jeff Landry and Georgia Attorney General Chris Carr, will focus on holding [...]
