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 [...]
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 [...]
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 [...]
On March 11, 2021, the Consumer Financial Protection Bureau rescinded its “Statement of Policy Regarding Prohibition on Abusive Acts or Practices” announced in January 2020.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 [...]
As expected, Virginia became the second U.S. state to enact a sweeping data privacy law. The Virginia Consumer Data Protection Act (VCDPA) borrows heavily from California’s data privacy laws (CCPA and CPRA) and the EU’s GDPR, but also contains unique provisions. The law becomes effective on January 1, 2023 – the same day the CPRA takes effect in California. Scope [...]
In November, New York State enacted an extensive auto renewal law (ARL). Taking effect on February 9, 2021, New York’s ARL covers contracts that include an automatic renewal for a subsequent period at the end of the term. Businesses offering automatically renewing subscriptions, such as online subscription services Netflix or Hulu, will need to disclose all material terms to consumers [...]
Following its multi-year rulemaking process, the Consumer Financial Protection Bureau (CFPB) today released its long-awaited rules regarding debt collection acts and practices under the Fair Debt Collection Practices Act. Coming in at over 600 pages, the rules and associated commentary touch on many areas critical for the collection industry and consumers, with a particular focus on communication practices. The rules [...]
In August, just before the California Office of Administrative Law (OAL) approved CCPA regulations, the Office of the Attorney General (OAG) withdrew several provisions from its draft regulations. The OAG noted at the time that it might resubmit these provisions after further review and possible revision. Yesterday, the OAG solicited comments on newly proposed regulations that would reinstate some of [...]
On September 25, California Governor Gavin Newsom signed a series of bills, including AB 1864, which establishes the Department of Financial Protection and Innovation (DFPI) with the stated goal of “transform[ing] the agency into California’s version of the federal Consumer Financial Protection Bureau [CFPB].” The state joins others such as New York and New Jersey to adopt “mini-CFPB” agencies. In [...]
Participants in the lead generation industry know that compliance with the myriad legal frameworks that apply to their operations is not only necessary but also increasingly complex. One area where lead generators in the U.S. have traditionally operated relatively unencumbered—until recently—is with privacy laws. Until implementation of the California Consumer Privacy Act (CCPA) in 2020, no comprehensive federal or state [...]
