Compliance Now

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

Jan 21, 2020

FTC Shares Its “New & Improved” Data Security Orders

On January 6, 2020, Andrew Smith, The Federal Trade Commission’s (“FTC”) Consumer Protection Director, outlined key changes made in 2019 to its data security orders. These changes, intended to provide improved guidance for businesses and greater protection for consumers, have been part of an ongoing effort over 2019 to enhance the Commission’s data security orders. The Commission sought to build a more [...]

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Nov 21, 2019

Trump Administration: CFPB Suits Should Survive Unconstitutionality Ruling

In the coming months, the U.S. Supreme Court will decide whether the structure of the Consumer Financial Protection Bureau (“CFPB”) is constitutional. The Court will specifically look at whether the CFPB’s structure, which insulates the Director of the Bureau from the President, violates the separation of powers. In anticipation of the ruling, the Trump Administration asserted in its brief that [...]

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Nov 21, 2019

Republican Attorneys General Association Changes Leadership Ahead of 2020 Election

Earlier this week, the Republican Attorneys General Association (“RAGA”) officially announced the election of a new leadership team that will lead the organization’s campaign efforts in 10 states holding attorney general races in the upcoming 2020 elections. The leadership team, which will be led by Louisiana Attorney General Jeff Landry and Georgia Attorney General Chris Carr, will focus on holding [...]

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Oct 24, 2019

Health Care Practitioners Beware: Ohio Enacts New Law Regulating Solicitations

Recent changes in Ohio law make it illegal for chiropractors and certain health practitioners to contact individuals immediately after an automobile accident or crime. The law marks a substantial change for many health practitioners who derive a large amount of business from direct solicitation of individuals. The law mandates that practitioners must wait at least 30 days to contact an [...]

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Oct 10, 2019

California AG Drops Proposed CCPA Regulations

Last month, the California legislature passed several bills to amend the California Consumer Privacy Act (CCPA) and adopt a sister law regulating data brokers. The governor has until October 13th to sign those bills into law. Today, the California Attorney General released the first draft of its CCPA regulations. The AG is holding four public hearings between December 2nd and [...]

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Sep 19, 2019

California Amends CCPA, Adopts Data Broker Law

During the final days of the 2019 legislative calendar, California lawmakers passed several bills to amend the California Consumer Privacy Act (CCPA). If signed into law by the governor, the bills make the following substantive changes and clarifications: Employee information. Provides a partial CCPA exemption for information a business collects from job applicants, employees, and independent contractors — and their [...]

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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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