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FTC Settles with Autorenewal Company MyLife.com

On December 15, a district judge in California approved a settlement between MyLife.com, Inc. (MyLife), its CEO Jeffrey Tinsley, and the Department of Justice (DOJ) on behalf of the Federal Trade Commission (FTC). The...more

Automatic Renewal State Law Changes Effective January 1, 2022

Colorado and Delaware have enacted new laws for automatic renewal or negative options offers. The new laws became effective January 1, 2022. Illinois already has a law on the books related to automatic renewals but has...more

New Jersey Introduces a Virtual Currency and Blockchain Bill

On November 22, the New Jersey State Senate introduced Senate Bill No. 4163 (NJ S4163), titled “Virtual Currency and Blockchain Regulation Act.” The bill, sponsored by Senators Thomas Kean, Jr. (R) and Robert Singer (R), if...more

FTC to “Ramp Up Enforcement” on Subscription Services

On October 28, the Federal Trade Commission (FTC) issued a new policy statement on autorenewal and negative option marketing....more

CFPB Director Rohit Chopra Responds to Stablecoin Report

On November 2, Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra released a statement on the Report on Stablecoins issued by the President’s Working Group on Financial Markets, the Office of the Comptroller of...more

NYDFS Publishes Notice of Proposed Regulation for Commercial Financing Disclosures

On October 20, the New York Department of Financial Services (NYDFS) published a notice in the New York State Register announcing that it has issued a proposed regulation to implement S 5470-B, which requires disclosures for...more

Consumer Groups and State AGs Push Regulators to Tighten Guidance on Bank Partnerships

On October 18, consumer advocate groups and 19 state attorneys general wrote comment letters, urging banking regulators to denounce “rent-a-bank” arrangements between financial institutions and fintechs or other third-party...more

DOJ Creates Cryptocurrency Enforcement Team

On October 6, Deputy Attorney General Lisa O. Monaco announced the creation of a National Cryptocurrency Enforcement Team (NCET) to handle criminal misuses of cryptocurrency. According to the press release, NCET will focus...more

Fifth Circuit Extends Stay on CFPB Payday Loans

On October 14, the Fifth Circuit issued a one paragraph order to extend a stay on Consumer Financial Protection Bureau (CFPB) payday lending regulations currently challenged by the Community Financial Services Association of...more

California Prohibits Overdraft Fees on Certain Prepaid Accounts

On October 5, California Governor Gavin Newsom signed SB 497, legislation that restricts the types of prepaid accounts that can be used to receive certain government assistance payments. According to the National Consumer Law...more

California Passes Bill, Adding New Money Transmitter Requirements

On October 4, California passed a bill requiring a money transmitter to display a toll-free telephone number on its website through which a customer may contact the licensee for customer service issues and receive live...more

FTC Reports to Congress on Data Security and Privacy Priorities

On September 13, the Federal Trade Commission (FTC) released a report to Congress that highlights the agency’s recent efforts to protect Americans’ privacy, announces the agency’s priorities for future data security and...more

Rohit Chopra Confirmed as New CFPB Director

On September 30, the Senate confirmed Rohit Chopra as the new director of the Consumer Financial Protection Bureau (CFPB). Chopra’s confirmation marks the beginning of his second stint with the CFPB — Chopra served as the...more

Senators Urge FTC to Craft Data Privacy and Security Rules

On September 20, nine Democratic senators wrote a letter to the Federal Trade Commission (FTC), requesting that it create new rules to protect consumers’ personal data and privacy....more

CSBS Releases Money Transmission Model Law

On September 9, the Conference of State Bank Supervisors (CSBS) released the Model Transmission Modernization Act (model law) in efforts to replace the 50 state-specific money transmitter laws with a nationwide standard....more

Biden to Nominate Privacy Advocate Alvaro Bedoya as an FTC Commissioner

On September 13, President Biden announced his intent to nominate privacy advocate Alvaro Bedoya to serve as a commissioner of the Federal Trade Commission (FTC). If confirmed, Bedoya will take the seat currently held by...more

BBB’s Children’s Advertising Review Unit Announces Updated Guidelines

On July 29, the Better Business Bureau’s Children’s Advertising Review Unit (CARU) issued revised guidelines for ads directed to children....more

Agencies Issue Guide to Help Community Banks Evaluate Fintech Relationships

On August 27, the Board of Governors of the Federal Reserve, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (collectively, the “Agencies”) issued “Conducting Due Diligence on...more

SEC Responds to Warren's Letter on Authority to Regulate Crypto

On August 5, Securities and Exchange Commission (SEC) Chair Gary Gensler responded to Senator Elizabeth Warren's July 7 letter regarding the SEC's authority to regulate cryptocurrencies, as discussed in our client advisory...more

Gensler Speaks on Crypto at Aspen Security Forum

On August 3, Securities and Exchange Commission (SEC) Chairman Gary Gensler spoke on cryptocurrencies at the Aspen Security Forum — his first significant remarks regarding cryptocurrency since his confirmation in April....more

House Passes Bill to Restore FTC’s Authority to Seek Monetary Remedies

On July 20, the U.S. House of Representatives passed legislation that would restore the Federal Trade Commission’s (FTC) ability to obtain equitable monetary remedies under Section 13(b) of the FTC Act. The legislation — H.R....more

Warren Writes Letter to SEC on Authority to Regulate Crypto

On July 7, Senator Elizabeth Warren penned a letter to Chairman Gary Gensler of the U.S. Securities and Exchange Commission (SEC), requesting information on the SEC's authority to regulate cryptocurrency exchanges. Warren's...more

California Attorney General Sees “Great Progress” With CCPA Enforcement

On July 19, and just over one year after his office began enforcing the California Consumer Privacy Act (CCPA), California Attorney General Rob Bonta announced that he is “seeing great progress” with CCPA enforcement, even...more

FTC Green Lights Investigations of Key Enforcement Targets

On July 1, the Federal Trade Commission (FTC) voted to approve seven omnibus resolutions authorizing staff attorneys to use compulsory process to investigate key enforcement targets. The vote fell along party lines, with...more

Supreme Court Narrows Computer Fraud and Abuse Act: So Gates Up!

On June 3, the Supreme Court issued its opinion in Van Buren v. United States, holding that the Computer Fraud and Abuse Act of 1986 (CFAA) does not create liability when a user who is authorized to access information on a...more

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