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Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:
Latham & Watkins LLP

CFPB Finalizes Open Banking Rule

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The rule aims to reduce market concentration by guaranteeing consumer access to personal financial data, but faces strident criticism and immediate legal challenge....more

Shipkevich PLLC

California DFPI Seeks Greater Oversight Over Additional Consumer Financial Services: Seeks Comments on Who Should Be Regulated...

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The ink is barely dry on the California Department of Financial Protection and Innovation’s (“DFPI” or the “Department”) newly approved regulation package PRO 01-21, and DFPI has already begun to take steps to implement...more

Benesch

Second Circuit Explodes Scope of VPPA with New Ruling in Salazar

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The Second Circuit’s decision in Salazar v. NBA, No. 23-1147 (2d Cir. Oct. 15, 2024) creates significant risk for companies that offer videos for viewing on their websites and significantly expands potential liability under...more

Morrison & Foerster LLP - Social Media

Lawrence W. Gallick On Toth V. Everly Well, Inc.

On September 25, 2024, the U.S. Court of Appeals for the First Circuit issued its decision in Toth v. Everly Well, Inc. Socially Aware spoke to Lawrence Gallick (of counsel in Morrison Foerster’s Austin office) about the case...more

Bennett Jones LLP

Amended Recall Requirements for Medical Devices and Pharmaceutical Products in Canada

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Health Canada is making changes (via legislative amendments) to the manner in which medical devices and pharmaceutical products are recalled under the Medical Device Regulations, SOR/98-282 (MDR) and the Food and Drug...more

Morgan Lewis

Takeaways from the 2024 National Advertising Division Annual Conference: Charting the Global Future of Ad Law

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Businesses, regulators, academics, and advertising and legal professionals connected in New York City in September to discuss the “Global Future of Ad Law” at the National Advertising Division (NAD) Annual Conference. Some...more

Kerr Russell

FTC’s Ban on Covenants Not to Compete Remains on Hold

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The legal arguments advanced in these court cases mainly concern whether the FTC has the statutory authority to enact such a ban. Shortly before the September 4, 2024 effective date of FTC’s ban on covenants not to compete,...more

Wiley Rein LLP

Wiley Consumer Protection Download (October 29, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Orrick, Herrington & Sutcliffe LLP

FDIC extends compliance deadline for amended sign and advertising requirements

On October 17, the FDIC issued a notice delaying the deadline to comply with its final rule governing its official signage from January 1, 2025, to May 1, 2025. The final rule, titled “FDIC Official Signs and Advertising...more

Orrick, Herrington & Sutcliffe LLP

CFPB survives challenge based on improper funding as court denies plaintiff’s motion to dismiss

On October 17, the U.S. District Court for the Central District of California denied a peer-to-peer lending platform’s motion to dismiss a lawsuit brought by the CFPB. The Bureau had filed a First Amended Complaint alleging...more

Orrick, Herrington & Sutcliffe LLP

FCC warns gateway provider not to transmit “illegal” robocalls

On October 18, the FCC issued a public notice to all US-based voice service providers regarding a cease and desist letter that it had sent to a “gateway” telecommunications provider instructing it to halt transmission of...more

Orrick, Herrington & Sutcliffe LLP

CFPB finalizes Personal Financial Data Rights under Section 1033

On October 22, the CFPB issued a final rule on personal financial data rights under 12 CFR Part 1033, mandating that financial institutions, credit card issuers and other financial providers make covered data available to...more

Holland & Knight LLP

Podcast - The CFPB's Effort to Remove Medical Debt from Credit Reports

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In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the Consumer Financial Protection Bureau's (CFPB) efforts to remove medical debt from credit reports. The...more

Troutman Pepper

AI in Payments: Practical Applications and Legal Insights — Payments Pros – The Payments Law Podcast

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In the latest episode of Payments Pros, host Carlin McCrory is joined by Jason Cover to discuss the role of artificial intelligence (AI) in the payments industry. They define AI and generative AI, highlighting its...more

Troutman Pepper

Crackdown on DeFi? An Examination of the CFTC's Enforcement Action Against Uniswap — The Crypto Exchange

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In the latest episode of The Crypto Exchange, host Ethan Ostroff is joined by Addison Morgan to discuss the recent CFTC enforcement action against Uniswap. The CFTC alleged that Uniswap violated the Commodity Exchange Act...more

DLA Piper

Food and Beverage News and Trends - October 2024 #2

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This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. USDA extends comment period on new salmonella rule for poultry....more

Stinson LLP

CFPB Promotes Open Banking as it Issues Final Rule on Personal Financial Data Access Rights

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Time will tell whether the Consumer Financial Protection Bureau's (CFPB) stated goals of accelerating "open banking" and competition will come to fruition as a result of the long-awaited final rule implementing Section 1033...more

Littler

New Amendments to California Bill Clarify Scope of Prohibition on Junk Fees for Restaurant Industry

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On June 29, 2024, Governor Newsom signed into law an amendment to California Code 1770, clarifying the scope of SB 478. Under SB 478 and previously published guidance from the attorney general, California restaurants were...more

Orrick, Herrington & Sutcliffe LLP

RegFi Episode 49: CFPB’s 1033 Rule: Where to From Here?

Orrick Partner John Coleman joins the RegFi podcast for a conversation about what lies ahead for the CFPB’s finalized 1033 rule, including uncertainties created by litigation challenges, election results and the need for...more

Holland & Hart LLP

Employer Beware: Adhere to FCRA When Using Background Dossiers

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Worker Tracking and Surveillance Policy - The Consumer Financial Protection Bureau (CFPB) issued a policy clarifying that employers who use third-party data and algorithmic scores for hiring, firing, and other employment...more

King & Spalding

DEA Appears Likely to Extend Ryan Haight Waiver with New Rule

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On October 10, 2024, the Drug Enforcement Administration (the DEA) submitted a new rule to the White House Office of Management and Budget titled, “Third Temporary Extension of COVID-19 Telemedicine Flexibilities for...more

Greenberg Glusker LLP

Your Online Business Could Be the Next Target for Costly Data Privacy Lawsuits

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If your business operates online and uses common marketing tools, your business is at risk of being targeted for lawsuits under pre-internet wiretapping and video rental privacy laws. It is critical to address and mitigate...more

WilmerHale

Web Trackers Pose New Regulatory, Legal Headaches for Companies

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Perhaps no use case better exemplifies the rapidly evolving privacy law landscape in the US than the legal framework surrounding companies’ use of cookies, pixels, and other web trackers. Gone are the days where marketing...more

Foley & Lardner LLP

SEC’s Division of Examinations Releases Priorities for Fiscal Year 2025

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Last week, on October 21, 2024, the SEC’s Division of Examinations released its Examination Priorities report for fiscal year 2025 (found here). As we have seen with past annual reports, the Division intends to cover a broad...more

Holland & Hart LLP

Open Banking Rules are Finally Here: What's Next for the Financial Services Industry

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On October 22, 2024, the Consumer Financial Protection Bureau (CFPB) issued its long-anticipated Open Banking Rule (the Open Banking Rule) under Section 1033 of the Dodd-Frank Act, fundamentally reshaping the data-sharing...more

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