On December 14, the FTC, along with a coalition of 13 states and the District of Columbia, entered into a settlement agreement with Ashley Madison over allegations that the online dating site deceived consumers and failed to protect 36 million users’ account and profile information in relation to a massive July 2015 data breach.
D.C. Circuit Rules CFPB “For Cause” Removal of the Director Unconstitutional, but Declines to Shut it Down
Until October 10, none of the constitutional or scope of enforcement authority challenges to the Consumer Financial Protection Bureau’s (“CFPB” or Bureau”) power have been successful. That changed on October 11 when the U.S. Court of Appeals for the District of Columbia held the Director of the Bureau has too much unilateral, unchecked power and
NY Proposes Regulations Requiring Financial Services Companies to Implement Cyber Security Measures
On September 13, the New York Department of Financial Services issued proposed regulations that would require banks, insurance companies, and other financial services institutions to establish and maintain a cybersecurity program and to take other measures to protect against data breaches and cyber attacks.
Among the planned requirements, regulated financial institutions will be required to
Troutman Sanders Publishes Regulatory Report for Payment Processors
Troutman Sanders’ Regulatory and Enforcement practice published its first Regulatory Report for Payment Processors in September. The report includes the feature article “Getting Your Legal House in Order: Key Considerations for Selling Your Payment Processing Business,” written by Tyler Dempsey and Cot Eversole.
The report also features several recent regulatory and enforcement updates affecting
New York AG Announces Data Breach Settlement with EZcontactsUSA
On August 5, the New York Attorney General announced a settlement with Provision Supply, LLC, d/b/a EZcontactsUSA.com over a data breach resulting in the potential exposure of over 25,000 credit card numbers and other cardholder data. Provision Supply, the operator of EZContactsUSA.com, a Brooklyn-based e-tailer that sells contact lenses and eyewear, agreed to pay $100,000
South Carolina Governor Signs Money Transmitter Law
On June 9, South Carolina Governor Nikki Haley signed into law the South Carolina Anti-Money Laundering Act. The South Carolina AML Act, among other requirements, imposes a licensing requirement for persons and entities engaged in money transmission in the state. South Carolina is now the 49th state to implement a law regulating money
FTC Announces $200 Million Settlement with Herbalife, Requires Restructured Business Model
The FTC announced that it has reached a settlement with Herbalife that includes a $200 million payment to compensate consumers. In addition to the payment, the settlement agreement has an unusual provision requiring a complete restructuring of Herbalife’s existing business model.
In its complaint against the company, the FTC alleges that Herbalife claimed that people
CFPB Outlines Overhaul of Acceptable Debt Collection Practices
On July 28, at a public hearing in Sacramento, California, the Consumer Financial Protection Bureau released an outline of new rules targeting third-party debt-collection operations. The new rules seek to curb “excessive or disruptive” communication by restricting collectors from calling debtors numerous times a day, require debt collection companies to have “more and better
Arkansas Attorney General Announces Settlement with Online Payday Lender
On June 24, 2016, Arkansas Attorney General Leslie Rutledge announced a settlement agreement with payday lender, Western Sky Financial LLC, and loan servicer, CashCall Inc., to resolve allegations that the companies conspired to offer illegal online loans to Arkansas consumers while claiming to be shielded by tribal sovereign immunity.
According to the Arkansas Attorney General,
FTC Hosts FinTech Forum on Marketplace Lending
On June 10, Troutman Sanders attended the Federal Trade Commission’s FinTech Forum on marketplace lending. The event marked the first in the FTC’s FinTech Forum series, which is part of the FTC’s ongoing efforts to examine marketplace lending and its impact on consumers. The topics discussed during the forum included adequate