News & Analysis as of

Consumer Information

Sheppard Mullin Richter & Hampton LLP

FTC Keeps Sights on Data Brokers that Sell Sensitive Location Sites

The Federal Trade Commission recently settled complaints against two data brokers over their handling of consumers’ sensitive location information. The agency alleged that such practices constitute unfair practices. Under the...more

WilmerHale

FTC Continues to Bring Enforcement Actions Against Data Brokers

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On December 3, 2024, the Federal Trade Commission (FTC) announced two enforcement actions against large data aggregator companies, Mobilewalla, Inc. (“Mobilewalla”) and Gravy Analytics Inc. (“Gravy Analytics”), for alleged...more

Ballard Spahr LLP

CFPB proposes FCRA rule with potential implications far beyond the stated focus on data brokers

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The CFPB has proposed a rule that it promotes as ensuring that Fair Credit Reporting Act (FCRA) protections are applied to sensitive consumer information that the statute was designed to protect, including information sold by...more

Ankura

The Way Out is Through: A Guide for Navigating U.S. Consumer Privacy Laws

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It can be daunting for Fintechs, money services businesses (MSBs), and other non-bank entities operating in the consumer financial products and services space to navigate privacy legislation and determine which provisions of...more

Troutman Pepper

CFPB Publishes Report on State Privacy Law Exceptions for Financial Information

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On November 12, the Consumer Financial Protection Bureau (CFPB) released a new report titled, “State Consumer Privacy Laws and the Monetization of Consumer Financial Data.” The report provides an overview of the state...more

Fisher Phillips

Google Halts Plan to Phase Out Third-Party Cookies: 3 Essential Next Steps for Businesses

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Google no longer plans to remove third-party cookies from its web browser, according to a July 22 announcement. Instead, the tech giant will explore other options that allow users to make informed choices that apply across...more

Venable LLP

[Webinar] Considerations for Your Data Licensing Arrangement - September 18th, 3:00 pm - 4:00 pm ET

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Whether for social media advertisements, customer surveys, or email campaigns, a data licensing agreement is often at the center of arrangements concerning the use and transfer of consumer data. Join us for our September...more

Fisher Phillips

Feds Order Software Provider to Pay $16M: 3 Compliance Tips for Businesses on Website Data Collection and Targeted Ads

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Federal officials recently banned a software provider from selling, disclosing, or licensing any web browsing data for advertising purposes – and ordered to pay $16.5 million. The Federal Trade Commission (FTC) alleged that...more

Troutman Pepper

Banks Should Continue to Prep for CFPB Data Rule Rollout

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Companies that fall within the definition of “data provider” are expected by this fall to be required to comply with the Consumer Financial Protection Bureau’s proposed rule implementing Section 1033 of the Dodd-Frank Act. ...more

Burr & Forman

Vermont Slated to Grant a Private Right of Action to Consumers in New Data Privacy Bill

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As Vermont joins the growing number of states with comprehensive consumer data privacy laws, it stands out from the crowd with the ability of Vermonters to bring a private right of action (PRA) against large data holders. In...more

Nelson Mullins Riley & Scarborough LLP

FCC CPNI Certification and Privacy Rules Update

Dear Clients and Friends, As a reminder, telecommunications carriers and interconnected Voice over Internet Protocol (VoIP) providers are obligated to file their annual certification documenting compliance with the Customer...more

Fox Rothschild LLP

Supreme Court: Government Agencies Can Be Liable Under FCRA for Credit Reporting Errors

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The U.S. Supreme Court has ruled that federal government agencies can be held liable under the Fair Credit Reporting Act when they fail to investigate or correct inaccurate information furnished to credit reporting agencies. ...more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: Navigating the Consumer Financial Protection Bureau’s Proposed Personal Financial Data...

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In October 2023, the CFPB issued a groundbreaking proposal on personal financial data. This episode, which repurposes a webinar, begins with a review of the background of the rulemaking. We then discuss key provisions of the...more

Mayer Brown

New York State Department of Financial Services Issues Proposed Artificial Intelligence Circular Letter

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On January 17, 2024, the New York State Department of Financial Services (“NYSDFS”) released a proposed circular letter addressing the use of external consumer data and information sources (“ECDIS”) and artificial...more

Clark Hill PLC

[Webinar] Privacy Litigation & Mass Arbitration Demands: How to Mitigate Risks for your Business in 2024 - January 30th, 10:00 am...

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2023 saw a continued uptick in privacy litigation filings throughout the United States, with Plaintiffs counsel taking aim at cookies, session replay, video URLs, online “doxing” and the use of other online tracking...more

Wyrick Robbins Yates & Ponton LLP

FTC Gives it to X-Mode: 5 Lessons from the Agency’s Latest Consumer Location Data Case

The FTC announced an action last week against location data broker X-Mode Social and its corporate successor Outlogic (collectively, “X-Mode”) based on several alleged violations of Section 5 of the FTC Act. According to FTC...more

Foley & Lardner LLP

Two-Dimensional Barcodes: How 2D Could Change Retail

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When introduced nearly fifty years ago, the Universal Product Code (UPC)—the most visually recognizable of One-Dimensional (1D) barcodes—was a major innovation. 1D barcodes increased checkout speeds, improved accuracy of...more

Troutman Pepper

FTC Amends Safeguards Rule to Require Reporting of Data Breaches

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On October 27, the Federal Trade Commission (FTC) announced a final rule amending the Standards for Safeguarding Customer Information (Safeguards Rule) under the Gramm-Leach-Bliley Act. The Safeguards Rule requires nonbanking...more

Ballard Spahr LLP

Federal Reserve Considering Lowering Debit Card Interchange Fee Caps (UPDATED)

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As we previously blogged, the Board of Governors of the Federal Reserve (the “Board”) held an open meeting on October 25, 2023 to discuss the debit card interchange fee cap. The debit card interchange fee cap was part of the...more

Ballard Spahr LLP

CFPB Issues Proposed Rule Offering Consumers Greater Access to and Control Over Their Financial Data

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On October 19, 2023, the Consumer Financial Protection Board (“CFPB”) released a proposed rule that, if enacted, would grant consumers greater access rights to the data their financial institutions hold. Under the proposed...more

Troutman Pepper

CFPB Advises Large Banks on Compliance with CFPA § 1034(c)

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On October 11, the Consumer Financial Protection Bureau (CFPB or Bureau) issued an advisory opinion regarding § 1034(c) of the Consumer Financial Protection Act (CFPA), which requires large banks and credit unions to comply...more

Troutman Pepper

Third Circuit Finds No Exception Under FCRA for a Furnisher’s Failure to Investigate “Frivolous” Indirect Dispute

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The Third Circuit Court of Appeals overruled a district court’s reading of an exception into §1681s-2(b) of the Fair Credit Reporting Act (FCRA) that would allow a furnisher discretion to refuse to investigate an indirect...more

Wyrick Robbins Yates & Ponton LLP

FTC Flags a New Form of Unsportsmanlike Conduct via Notice of Penalty Offense

The FTC recently sent five tax preparers a notice of its intention to pursue civil penalties (“Notice”) if they continue to use consumers’ data for purposes other than tax preparation (such as advertising) without first...more

Fisher Phillips

5 Biggest Questions for the Data Collection Industry as California Passes The Delete Act

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California lawmakers recently passed a law that would expand data broker registration requirements and make it easier for consumers to be “forgotten.” The Delete Act, which would amend the state’s existing Data Broker...more

Ankura

[Webinar] SEC New Cybersecurity Final Rule: A Different Perspective from the Viewpoints of the CISO, General Counsel, & The Board...

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Any time a regulation is put forth, there is always a level of uncertainty, especially regarding understanding the roles and responsibilities of key business leaders. The SEC’s new cybersecurity final rule means heightened...more

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