Compliance Now

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

Aug 09, 2016

CFPB Outlines Sweeping Debt Collection Reforms

Introduction Debt collection is an integral part of the financial system and has an impact on consumers and financial institutions alike. Because of the impact debt collection practices can have on consumers, debt collectors have been regulated at the federal level by the Fair Debt Collection Practices Act (FDCPA) and by the states through [...]

Read More »
Jul 29, 2016

Secretary of Transportation to Enforce a Baggage Delay Refund

The law has finally caught up with the needs of frequent flyers, even if their baggage hasn’t.  The recently enacted biennial FAA Reauthorization addresses various components of airline travel, air traffic control modernization, and pilot licensing, but one notable section of the bill offers a much needed boost to air travel consumers.  Section 2305 of the act requires airlines [...]

Read More »
Jun 10, 2016

FTC’s Comments to FCC Latest in June Mixed Bag for Debt Collection

The first full week of June has brought proposed debt collection rules and official commentary from several federal regulators.  Though much of the direct commentary was aimed at limiting collector’s utilization of automatic dialing technology or warning consumers before debiting certain accounts, Congress will have an upcoming opportunity to reshape one debt collection regulator. FTC [...]

Read More »
May 25, 2016

FCC Establishes Consumer Complaint Data Center

On May 18, 2016, the Federal Communications Commission (FCC) launched an online Consumer Complaint Data Center, a compilation of all consumer complaints made to the FCC since 2015.  The comprehensive database will be updated daily with informal complaints detailing the service the consumer is complaining about, the method by which the service is received, the [...]

Read More »
May 18, 2016

Supreme Court Holds that Plaintiffs Must Prove Concrete Harm to Sustain a Lawsuit

On Monday, the Supreme Court of the United States held in Spokeo Inc. v. Robins that a plaintiff cannot sue for technical violations of a statute—the Fair Credit Reporting Act (FCRA) in this particular case—without showing concrete harm. The relevant facts of the case are fairly simple.  The plaintiff, Thomas Robins, accused Spokeo, a people [...]

Read More »
May 06, 2016

CFPB Proposes Rule to Limit Arbitration Clauses

On May 5th the Consumer Financial Protection Bureau proposed a new rule to prohibit many providers of consumer financial services from utilizing arbitration clauses that prohibit the consumer from filing or participating in a class action with respect to the covered consumer financial service.  The new rule would apply to many consumer financial service providers, [...]

Read More »
Apr 29, 2016

CFPB Lacks the Authority to Investigate For-Profit College Accreditors

A D.C. federal judge recently ruled that the Consumer Financial Protection Bureau (CFPB) cannot force a for-profit college accrediting group to comply with a civil investigative demand to determine its method for accrediting schools, as the agency lacks the authority under existing consumer protection laws. U.S. District Judge Richard J. Leon said consumer protection laws [...]

Read More »
Apr 05, 2016

FCC Adopts Notice of Proposed Rulemaking Regarding Broadband Transparency

FCC Adopts Notice of Proposed Rulemaking Regarding Broadband Transparency On March 31st, the Federal Communications Commission adopted a Notice of Proposed Rulemaking from Chairman Tom Wheeler regarding new rules to govern customer privacy and data breach response for broadband internet providers. Currently, broadband networks do not have FCC enforceable privacy rules similar to those that [...]

Read More »
Apr 04, 2016

Hyperlinked “Terms of Use” on Website Deemed Unenforceable

Recently, a California Court of Appeals held that a “Terms of Use” hyperlink at the bottom of a website was not enough to bind website users to the stated terms, including a mandatory arbitration provision.  In the case, Provide Commerce, Inc.’s website “www.proflowers.com” provided a hyperlink at the bottom of each webpage that, once clicked, [...]

Read More »
Mar 10, 2016

CFPB Unveils First Data Security Case

Last week, the Consumer Financial Protection Bureau (CFPB) announced a settlement with an Iowa based company, Dwolla, Inc., marking the first time the CFPB has penalized a company for lax of data security.  The agency alleged that Dwolla, a payment processor, deceived consumers by claiming to have data security practices that surpassed industry standards when [...]

Read More »