Compliance Now

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

Jul 30, 2019

CWAG Introduces Newly-Formed Attorney General Alliance

As membership and programming have continued to expand beyond its original geographic boundaries, the Conference of Western Attorneys General (“CWAG”) has announced the formation of the Attorney General Alliance (“AGA”). With 43 states and territories participating, AGA is an alliance of Attorneys General, federal, state and foreign officials, and public and private sector partners throughout the world. AGA works closely [...]

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Jul 02, 2019

“Sham” on You: Real Cancer Centers Will Receive Money from Fake Charities’ Funds

Arizona Attorney General Mark Brnovich recently announced that $2.5 million of funds from “sham” cancer charities will be given to authentic cancer centers across the United States.  The funds are a result of a settlement reached in a multistate enforcement action against multiple fake cancer organizations, including Cancer Fund of America, The Breast Cancer Society, Cancer Support Services, and Children’s [...]

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Jun 20, 2019

Breaking: Supreme Court Punts on Whether Courts Must Unwaveringly Follow FCC Orders

This morning, the U.S. Supreme Court refused to answer the question of whether federal courts have the power to scrutinize FCC orders.  In the decision being challenged, the Fourth Circuit Court of Appeals held that the trial court must follow a 2006 FCC order finding that a fax offering free services is an “unsolicited advertisement” under the TCPA. The justices [...]

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Jun 13, 2019

FTC Cracking Down on Lax Data Security

On June 12, 2019, the Federal Trade Commission (FTC) settled with LightYear Dealer Technologies, LLC (LightYear) over a major data breach that occurred in October of 2016 and the subsequent allegations that LightYear’s data security was woefully insufficient. LightYear, an auto dealer software provider operating under the name DealerBuilt, provides dealer-management system software and data processing and/or storage services to [...]

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Jun 12, 2019

Nevada and Maine Enact New Data Privacy Laws

In recent weeks, Nevada and Maine passed new data privacy legislation. Although these statutes are much narrower than the California Consumer Privacy Act (CCPA), they demonstrate a continuing trend towards U.S. privacy regulation at the state level and impose additional compliance obligations on businesses. Nevada’s current online privacy law requires operators of websites and/or online services to publish a privacy [...]

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Jun 05, 2019

Can’t Gag Me Now: FTC Steps Up CRFA Enforcement

The Federal Trade Commission’s (“FTC”) message is clear: companies can’t restrict consumers from publishing negative reviews as a condition of purchase. Provisions or clauses containing this sort of restriction are known as non-disparagement provisions, or “gag clauses.” The FTC’s Consumer Review Fairness Act (“CRFA”), which became effective in March 2017, prohibits such practices. While the FTC has brought cases in the past [...]

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May 20, 2019

Senate Bill 561 Blocked by California Senate Appropriations Committee

Earlier this month, several California Consumer Privacy Act (CCPA) amendment bills took the first step towards becoming law by receiving passing votes from their designated committees. On May 16th, the Senate Appropriations Committee placed one of the more significant bills—the Attorney General backed SB 561—in its suspense file. If passed, SB 561 would have: (1) expanded the CCPA’s private right [...]

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May 13, 2019

Receivables Industry Leadership Shares Insights on CFPB Town Hall Panel

The accounts receivable industry was well represented at the Consumer Financial Protection Bureau’s (“CFPB”) Debt Collection Town Hall Meeting last week. At the Bureau’s request, Jan Stieger, Executive Director of Receivables Management Association International (“RMAI”), participated in a panel discussion where she provided industry insight and feedback on the CFPB’s recently issued Notice of Proposed Rulemaking on Debt Collection Practices. [...]

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May 07, 2019

BREAKING: CFPB Announces Proposed FDCPA Rule

Today, the Consumer Financial Protection Bureau (“CFPB”) announced its long-awaited proposed rule to implement the Fair Debt Collection Practices Act (“FDCPA”). Spanning over 500 pages, the proposed rule seeks to expand the methods by which collectors may communicate with debtors while simultaneously providing additional consumer protections. Some of the proposed changes include: Calling Limits: The proposed rule would limit a [...]

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May 01, 2019

California Assembly Narrows the Field of CCPA Contenders

California lawmakers hoping to scale back, expand, or at least clarify the scope of the state’s groundbreaking privacy law have seen their first real victories as Assembly and Senate committees approved eight of at least eighteen bills proposing amendments to the California Consumer Privacy Act (CCPA). Significant developments following the recent committee hearings include the following: CCPA Overhauler Bows Out, [...]

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