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CFPB Adopts “Flexible Approach” To FCRA Enforcement In COVID Era — Will Courts Do The Same?

The Consumer Financial Protection Bureau announced on April 1, 2020, that it will take a “flexible approach” to supervision and enforcement practices under the Fair Credit Reporting Act and Regulation V because of the CARES...more

COVID-19: With Students Safely Home, What’s Next for Educational Institutions?

Having sent students home, what do colleges, universities and K-12 schools need to do now – today, tomorrow and over the next few days? Obviously, the most important issues are safety, doing the right thing, communicating...more

New York Mandates Closure of “Non-Essential Businesses” to Slow COVID-19 Spread

On March 20, 2020, New York Gov. Andrew Cuomo became the third governor to enact a statewide “stay-at-home” order to combat the spread of COVID-19. ...more

OSHA Issues New COVID-19 Preparedness Guidance for Employers

On March 11, 2020, the Occupational Health and Safety Administration (OSHA) issued new recommendations for employers preparing for COVID-19 in the workplace. After briefly summarizing the symptoms of COVID-19 (mild to severe...more

California Court of Appeals Joins FCRA’s Mad Tea Party

The roller coaster of employer liability under the background check provisions of the Fair Credit Reporting Act (FCRA) recently took an upswing with the California Court of Appeals’ decision in Culberson v. Walt Disney Parks...more

Hyper-Technical Interpretation: 9th Circuit Increases FCRA Reach

On Jan. 29, 2019, the 9th U.S. Circuit Court of Appeals, in a strikingly broad decision, raised the bar for employers’ compliance with the Fair Credit Reporting Act (FCRA). In Gilberg v. California Check Cashing Stores, LLC,...more

CFPB Updates Summary of Rights Under Fair Credit Reporting Act

On Sept. 12, the Consumer Finance Protection Bureau issued an updated model disclosure form, required under the federal Fair Credit Reporting Act (FCRA) as of Sept. 21, 2018. The revised “Summary of Your Rights Under the Fair...more

Seventh Circuit Allies With FCRA Class Action Plaintiffs on Spokeo Grounds.

On August 29, the Seventh Circuit reentered the multi-front fray that has broken out among lower courts in the wake of the Supreme Court’s 2016 decision in Spokeo v Robins, 136 S. Ct. 1540 (2016). ...more

Warner White Paper Floats Far-Ranging Privacy Proposals

The convergence of the General Data Protection Regulation and the investigation into Russian interference in the 2016 election has created a perfect privacy storm. Social media platforms’ complacency on this front, and the...more

After 10 Years, Massachusetts Takes the Non-Compete Plunge

On Aug. 10, 2018, Massachusetts enacted the Massachusetts Noncompetition Agreement Act after a 10-year legislative effort. This statute has substantial implications for employers who have employees or work with independent...more

Trump Privacy Rollback Continues, States Step Up

On April 3, 2017, President Trump signed a repeal of new Federal Communications Commission (FCC) rules that would have subjected broadband internet service providers (ISPs) to more stringent consumer privacy regulations....more

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