By: Nick Whisler and Josh Stevens The past several weeks have brought a flurry of U.S. and international privacy developments. To help you stay on top of the everchanging landscape, here is a high-level summary of recent news and upcoming events. Federal Developments On September 17, a group of Republican senators announced a proposed federal privacy law called the SAFE DATA [...]
Do you want to know what the Federal Trade Commission thinks about marketing and advertising? Well, now is your chance. The FTC is hosting a free business workshop, “Green Lights and Red Flags: FTC Rules of the Road for Business” for those interested in learning about consumer protection principles and their application to today’s marketplace. This virtual workshop focuses on [...]
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, [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
