Consumer Finance Monitor Podcast Episode: Have State-Chartered, FDIC-Insured Banks Finally Achieved Interstate Usury Parity with National Banks?
Webinar Recording – The Colorado Privacy Act and Draft Rules
Data Privacy Unlocked, A Conversation with State Senator Robert Rodriguez of Colorado, Part II
Data Privacy Unlocked, A Conversation with State Senator Robert Rodriguez of Colorado, Part I
Earlier this month, after the conclusion of the public comment period, the Colorado Department of Law adopted amendments to the Colorado Privacy Act (CPA), which grants rights to Colorado consumers concerning their personal...more
In the last two weeks, several amicus briefs were filed in the Tenth Circuit in the ongoing litigation concerning Colorado’s opt-out from the Depository Institutions Deregulation and Monetary Control Act (DIDMCA). Troutman...more
In today’s podcast, which repurposes a recent webinar, we examine the impact, if any, of a landmark opinion rendered by Judge Daniel Domenico of the Federal District Court for the District of Colorado in a case challenging...more
We are following very closely this appeal to the 10th Circuit of the preliminary injunction issued by the Federal District Court for the District of Colorado to the plaintiffs (three trade groups) enjoining the Colorado...more
We previously reported that, on July 18, the Colorado Attorney General and UCCC Administrator appealed to the 10th Circuit Court of Appeals challenging Judge Domenico’s order dated June 18 D. (Colo.) granting a preliminary...more
On the very last day for filing an appeal, the Colorado Attorney General and UCCC Administrator filed a Notice of Appeal to the Tenth Circuit Court of Appeals of the Colorado federal district court’s order in favor of the...more
Here is an update on the lawsuit filed by three trade associations against the Colorado Attorney General and UCCC Administrator challenging the application of the Colorado opt-out statute to out-of-state, state chartered,...more
In the same 2023 bill (House Bill 23-1229) that included Colorado’s DIDMCA opt-out**, Colorado adopted a statute excepting certain “general-purpose credit cards”, as defined, from the state’s limitations on finance charges...more
On April 22, 2024 (almost 2 months before Judge Daniel Domenico issued a preliminary injunction against the UCCC Administrator and Colorado Attorney General), Administrator Martha Fulford issued an Interpretive Opinion Letter...more
The financial services industry has (finally) received some good news. Last week, a federal court granted a preliminary injunction to stop Colorado from enforcing interest and certain fee limitations under the Colorado...more
The Colorado federal district court hearing NAIB, et al v. Weiser, et al., the lawsuit filed by three consumer financial services industry trade groups challenging Colorado’s opt-out legislation, has granted the plaintiffs’...more
The Colorado Privacy Act (CPA) went into effect on July 1, 2023, but there are a couple new provisions going into effect this year that businesses need to consider. •Starting on July 1, 2024, controllers and processors...more
Last week, we blogged about arguments by Colorado and the FDIC in their briefs opposing a motion for preliminary injunction that would enjoin application of Colorado’s opt-out statute with respect to loans by FDIC-insured...more
On March 26, 2024, the National Association of Industrial Bankers (NAIB), American Financial Services Association (AFSA), and American Fintech Council (AFC) (collectively, “Trade Associations”) filed a complaint in the United...more
On March 25, a coalition of trade groups filed suit in the United States District Court for the District of Colorado, challenging a Colorado law which would have opted the state Section 521 of the Depository Institutions...more
Similar to the well-known California Consumer Privacy Act, on July 1, 2024, the Colorado Privacy Act (CPA) goes into effect and will provide Colorado residents with express rights over their data collected by businesses. The...more
In anticipation of July 1, 2024, requirements to allow consumers the ability to use “universal opt out mechanisms” in certain circumstances, Colorado has posted its “universal opt out shortlist.” The list is indeed short....more
On December 29, 2023, the Colorado Attorney General (the “AG”) announced that the Global Privacy Control (“GPC”) will become the first universal opt-out mechanism (“UOOM”) the AG considers valid under the Colorado Privacy Act...more
Keypoint: The Colorado Attorney General’s office has received public comments on its short-list of universal opt out mechanism applicants and will need to identify any qualifying mechanism by January 1, 2024....more
Similar to other state consumer data protection acts enacted over the past two years, the Colorado Privacy Act (CPA) allows Colorado consumers to opt out of the sale of personal data and the processing of such data for...more
The Colorado Privacy Act may have taken effect earlier this year, but that doesn’t mean all companies that do business in Colorado and fall within the scope of the law can take it easy just yet. Rather, for those companies...more
Under the Colorado Privacy Act (“CPA”), consumers have express rights to opt out of the sale of personal data as well as the processing of personal data for targeted advertising. Effective July 1, 2024, organizations covered...more
The Colorado Department of Law (“DoL”) has published a shortlist of potential universal opt-out mechanisms (“UOOMs”). Beginning on July 1, 2024, companies will be required to allow consumers to opt out of the sale of their...more
Among the various requirements under US state comprehensive privacy laws, those that relate to loyalty programs may be some of the most confusing. Only three states — California, Colorado and Florida — regulate these...more