Compliance Now

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

Jun 15, 2018

Businesses Facing Civil Penalties Under California UCL Entitled to Jury Trial

On Wednesday, a California district court found that a business has a constitutional right to a jury trial when the state seeks to impose civil penalties for violations of California’s Business and Professions Code (Unfair Competition Law (“UCL”)) and Financial Code.  Prior to the district court’s decision, it was well-known in California that there was [...]

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May 23, 2018

Ohio Cybersecurity Bill Gains Momentum

Ohio Attorney General Mike DeWine has signaled his continuing support for a new Ohio law that would promote industrywide cybersecurity protections for consumers. Senate Bill (SB) 220, the Data Protection Act, encourages businesses to voluntarily adopt cybersecurity controls and best practices to protect consumer data. The Data Protection Act provides businesses ten suggested cybersecurity frameworks [...]

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May 21, 2018

New Director Confirmed to FTC Consumer Protection Unit

Andrew M. Smith was appointed Wednesday, May 16, 2018 as Director of the Federal Trade Commission’s (FTC) Consumer Protection Unit. Smith was confirmed by a vote split along party lines, with the FTC’s three Republican commissioners voting in favor and the agency’s two Democratic commissioners voting in opposition. Director Smith will be leaving his position [...]

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May 10, 2018

CFPB to Focus on Education, Leave Enforcement to State Attorneys General

Speaking recently before the National Association of Attorneys General, Acting Director of the Consumer Financial Protection Bureau (CFPB) Mick Mulvaney indicated that some big changes may be coming to the way the CFPB handles its enforcement responsibilities. Mulvaney revealed that the CFPB will be reorienting its focus toward its statutory mission of  consumer education rather [...]

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May 07, 2018

ITT Loses Bid for Arbitration in Case with New Mexico Attorney General

In a big win for New Mexico Attorney General Hector Balderas, the Court of Appeals of New Mexico ruled that education services provider ITT Technical institute (ITT) must produce subpoenaed documents and cannot force the State to arbitrate alleged consumer protection violations. In State ex rel. Balderas v. ITT Educ. Services, the State of New [...]

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May 04, 2018

Another Attorney General Creates “State-Level CFPB”

New Jersey Attorney General Gurbir S. Grewal has announced that Governor Phil Murphy will nominate Paul R. Rodriguez to serve as Director of the New Jersey Division of Consumer Affairs. The Division is the lead state agency charged with protecting consumers’ rights, regulating the securities industry, and overseeing professional boards. Subject to the advice and [...]

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May 02, 2018

FTC Rounds Out Its Roster

The U.S. Senate unanimously confirmed three Republicans and two democrats to the Federal Trade Commission (FTC) on April 26th. The recent departure of Commissioner Terrell McSweeny had left the FTC in an anemic state, with Acting Chairwoman Maureen Ohlhausen as the agency’s only active member. Now the FTC will be operating at full capacity for [...]

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Apr 30, 2018

GDPR Is Coming. Will Your Organization Be Ready?

The clock continues to count down to May 25th, the day regulators will begin enforcing the new EU General Data Protection Regulation (“GDPR”). Bringing substantially heightened requirements compared to the Data Protection Framework currently in place, this new set of rules is designed to give EU citizens more control of their personal data, and includes enhanced [...]

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Apr 24, 2018

Deadlines Near for Businesses to Inform CFPB Practices and What’s That? No More CFPB?

Over the past few months the Consumer Financial Protection Bureau (Bureau), under the leadership of Acting Director Mick Mulvaney, issued a series of Requests for Information (RFI) from the public on ways to improve the effectiveness of the Bureau in meeting its statutory goals while also reducing the Bureau’s regulatory burden on the economy. The [...]

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Apr 23, 2018

Wells Fargo Returns to the Regulatory Spotlight

In what amounts to be the most aggressive move by regulators under the Trump administration, the Office of the Comptroller of the Currency (OCC) and Consumer Financial Protection Bureau (CFPB) have joined ranks to lay a $1 billion fine in the lap of Wells Fargo. Although the fine is a joint effort by the two [...]

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