Compliance Now

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

Jun 27, 2018

More Bad News for Proponents of the BCFP: It May be Unconstitutional

It’s been a tough year for proponents of the Bureau of Consumer Financial Protection (BCFP, formerly CFPB). A judge in the Southern District of New York recently ruled that the structure of the BCFP is unconstitutional (CFPB v. RD Legal Funding, LLC). In 2017, the BCFP filed a lawsuit against RD Legal Funding, a company [...]

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Jun 26, 2018

Supreme Court Upends Sales Tax Collection

A recent Supreme Court case overturning the 1992 Quill Corp. v. North Dakota (“Quill”) decision marks the beginning of a new era for many businesses with an online presence. On June 21, 2018, in South Dakota v. Wayfair, the Court revisited Quill, ruling that the existing standard for determining whether a business has a “physical [...]

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Jun 19, 2018

Trump Nominee for BCFP Director Sparks Controversy

The Bureau of Consumer Financial Protection (BCFP, formerly CFPB) has again found itself embroiled in controversy, with President Donald Trump announcing his plan to nominate Kathy Kraninger to lead the organization and replace Acting Director Mick Mulvaney. Kraninger is currently Associate Director of the Office of Management and Budget (OMB), where Mulvaney also serves as [...]

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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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