Compliance Now

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

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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Apr 20, 2018

Familiar Faces Depart from FTC and FCC

On April 17, 2018, Federal Trade Commission (FTC) Commissioner Terrell McSweeny and Federal Communications Commission (FCC) Commissioner Mignon Clyburn announced they would be resigning. McSweeny’s departure leaves the FTC with a single Republican member, while Clyburn’s leaves the FCC with a 3-1 Republican majority. McSweeny first joined the FTC in 2014, after serving as Chief [...]

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Apr 05, 2018

Regulators’ Complaint Reports Foretell 2018 Consumer Protection Enforcement Trends

The Federal Trade Commission recently issued its annual summary of consumer complaints from the past year, joining with attorneys general from states across the country whose reports have already been released. Taken together, these reports provide a reliable prediction of where regulators will be focusing their attention in the coming months. The following high-complaint areas [...]

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Apr 02, 2018

To Cert or Not to Cert: Federal Courts Limit Forum Shopping

Following the U.S. Supreme Court’s groundbreaking Bristol-Myers decision holding that courts are unable to assert specific jurisdiction over nonresidents’ claims, courts across the nation disagree over its application. At issue: Does Bristol-Myers apply to class action lawsuits in addition to individual claimants? Earlier this month, the District Court for the Eastern District of Illinois joined [...]

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Feb 22, 2018

Ad Agency Pays $2 Million for False Advertising

Advertiser Marketing Architects, Inc. (MAI) has agreed to pay $2 million to the Federal Trade Commission (FTC) to settle claims that MAI created and disseminated deceptive radio ads for products marketed by its client, Direct Alternatives. The FTC’s joint complaint with the Maine Attorney General’s Office states that MAI used false or unsubstantiated claims to [...]

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Feb 16, 2018

CFPB Opens Itself for Public Comment

The Consumer Finance Protection Bureau (CFPB) continues to see big changes under the leadership of Acting Director Mick Mulvaney and is now opening itself up to public comment.  Mulvaney, a Trump appointee, has sought to reorient the CFPB’s enforcement priorities towards a less punitive and more even-handed application by opening a dialogue with businesses to [...]

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Jan 26, 2018

Mulvaney Directs CFPB Staff to Focus on Real Harms

In a leaked email to staff on Tuesday, Consumer Financial Protection Bureau (CFPB) Acting Director Mick Mulvaney declared that the old days of “pushing the envelope” are no more and the Bureau will realign its mission to act with “humility and prudence.” Since the Bureau’s creation, financial service providers, members of Congress, and other political [...]

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Jan 18, 2018

Mulvaney Seeks Public Comments in Reshaping the CFPB

Acting Director of the Consumer Financial Protection Bureau (CFPB) Mick Mulvaney continues to rapidly reshape the CFPB in a stark break from the practices of former Director Richard Cordray, who resigned in late November to run for Ohio Governor. On Tuesday, the Bureau announced its intention to reexamine its “Payday Rule” imposing a suite of [...]

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