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Disclosure Requirements Statutory Violations

Holland & Knight LLP

Massachusetts Enacts Pay-Transparency Requirements for Employers

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Massachusetts Gov. Maura Healey on July 31, 2024, signed into law An Act Relative to Salary Range Transparency (the Act), which will implement pay-transparency requirements in Massachusetts. The Act will take effect on July...more

Ballard Spahr LLP

In Rare Move, the CFPB Comes to the Defense of Bank

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In an unusual move, the CFPB is coming to the defense of a bank being accused of failing to provide repayment disclosures to a borrower....more

Nutter McClennen & Fish LLP

Nutter Bank Report: March 2024

The SEC has issued a controversial 886-page final rule imposing climate-related disclosure requirements on publicly traded companies, including banking organizations, which will require them to include certain climate-related...more

Ankura

Update on Enforcement Actions: Connecticut Data Privacy Act

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In May of 2022, Connecticut joined a growing list of U.S. states passing privacy regulations when it signed the Connecticut Data Privacy Act (CTDPA) into law. The CTDPA officially went into effect in July 2023. On...more

Mayer Brown Free Writings + Perspectives

Broker-Dealer Settles FINRA Charges for Failures Relating to Use of Social Media Influencer Program

On March 18, 2024, FINRA announced that it has fined a broker-dealer $850,000 in connection with the firm’s program to pay individuals with followings on social media sites (i.e., “influencers”) to promote the firm in social...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers, Beware: California Regulators Are Actively Enforcing the California Consumer Privacy Act

California Attorney General Rob Bonta has been actively enforcing the California Consumer Privacy Act (CCPA) since July 2023, when he announced an “investigative sweep” through inquiry letters sent to large California...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California’s Privacy Laws: Financial and Medical Data, Website Usage, Children’s Data, Data Brokers, and Customer Records

California has a long history of protecting privacy rights. Article I, Section 1, of the California Constitution expressly provides a right of privacy. Recently, the focus has been on compliance with the California Consumer...more

Epstein Becker & Green

Do ADA Testers Have Standing? SCOTUS Takes the Easy Way Out - SCOTUS Today

Epstein Becker & Green on

Although the Supreme Court already has heard a number of significant arguments, this term has not yet seen any major substantive opinions. This is not to say that there isn’t a lot going on at, or on the way to, the Court....more

Stokes Wagner

States, Including California, Seek To Prevent Pay Discrimination by Passing Pay Transparency Laws

Stokes Wagner on

Over the past several years a growing number of cities, counties and states have enacted some form of pay transparency laws covering a wide range of issues. Most of these laws aim to prevent pay discrimination and provide...more

WilmerHale

CA AG Announces First Public CCPA Enforcement Decision

WilmerHale on

On August 24, 2022, California Attorney General Rob Bonta (“CA AG”) announced a $1.2 million settlement with Sephora, Inc. (“Sephora”), marking the first announced enforcement action under the California Consumer Privacy Act...more

Proskauer - Law and the Workplace

CA Appellate Court Addresses “Willfulness” Standard Under FCRA

On April 19, 2022, a California Appeals Court reversed and remanded a trial court’s grant of summary judgment in an employer’s favor, concluding there was a triable issue of material fact regarding whether a defendant had...more

Littler

New Opinion Allowing Plaintiff to Present His Class Action Willful FCRA Claims to a Jury Reinforces Need to Remain Vigilant About...

Littler on

The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks.  Most lawsuits asserting federal claims proceed in federal court. The FCRA is atypical in that FCRA claims can proceed...more

BakerHostetler

All Eyes on Us - the Latest FTC Case Involves Contact Lenses plus an Important Lesson About Incentivized Reviews

BakerHostetler on

Up until now, most of the FTC’s law enforcement involving the Contact Lens Rule (Rule) has focused on sellers of cosmetic or decorative lenses. Indeed, safety concerns about decorative lenses were newsworthy in 2010, when...more

Robinson+Cole Manufacturing Law Blog

Shareholder Files Derivative Suit Targeting Company Executives for Greenwashing

Last week, a shareholder of Danimer Scientific, Inc., filed a derivative suit against the company’s executives and board members, alleging that overstated sustainability claims led to millions of dollars in market...more

Burr & Forman

Second Circuit Holds Debt Collector Did Not Need to Include Interest Disclosure in Settlement Offer

Burr & Forman on

In its 2016 decision in Avila v. Riexinger & Associates, LLC, the Second Circuit Court of Appeals held that an attempt to collect a debt that states the current balance owed but does not disclose whether interest and fees are...more

Littler

Ninth Circuit Rules Only Named Plaintiff Must Have Article III Standing For Class Certification

Littler on

In Ramirez v. Trans Union, the Ninth Circuit addressed whether, at the class certification stage of a putative class case, only the named plaintiff or all class members must have Article III standing (i.e., a concrete injury...more

Spilman Thomas & Battle, PLLC

Between A Rock And A Hard Place: Avoiding Accidental Liability Under FCRA for Background Checks

Many employers use background checks to guarantee it hires the best candidates—and to minimize legal liability for claims like negligent hiring. Unfortunately, this attempt to prevent one type of liability may...more

Kramer Levin Naftalis & Frankel LLP

SEC Sues Investment Adviser for Nondisclosure of Revenue Sharing Agreement Details

On Aug. 1, the Securities and Exchange Commission (the SEC) charged Commonwealth Equity Services LLC, dba Commonwealth Financial Network (Commonwealth), a registered independent investment adviser to private clients (but not...more

Lewitt Hackman

FRANCHISEE 101: Rocky Road to FDD Disclosure

Lewitt Hackman on

An ice cream parlor franchisor in Ohio, Handel Enterprises, Inc., must defend claims that it violated the California Franchise Investment Law (CFIL) for failing to disclose its amended franchise disclosure document (FDD) to a...more

Ballard Spahr LLP

CFPB files amicus brief in Seventh Circuit FDCPA case

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The CFPB (referring to itself as the Bureau of Consumer Financial Protection) has filed what appears to be its first amicus brief since former Director Cordray’s departure....more

Sherman & Howard L.L.C.

FCRA Disclosure Revisited

In these unsettled days of a new administration, it is almost soothing to see the courts focus on statutory language alone. Almost. The Fair Credit Reporting Act (“FCRA”) requires that, before a prospective employer (or...more

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