A recent settlement between the Federal Trade Commission (FTC) and a lead generator provides new insight into the FTC’s enforcement of sensitive personal data collection and sales under the Fair Credit Reporting Act (FCRA) and the agency’s Section 5(a) authority.
On January 5, the Federal Trade Commission (FTC) filed a complaint, alleging that ITMedia
Ruling on several motions to dismiss on January 14, the U.S. District Court for the Eastern District of Virginia denied an effort to dismiss Courthouse News Service’s (CNS) First Amendment challenge to Virginia’s restrictions on public access to electronic court records. This clears the way for the lawsuit to proceed on the merits. Although this
David Anthony, a partner with Troutman Pepper, is quoted in the Law360 article, “Consumer Protection Cases and Policy to Watch in 2022.”
“Although Facebook endeavored to answer the question of what constitutes an ATDS, it left many other questions unanswered and raised others,” said David Anthony, a partner at Troutman Pepper. “These questions
David Anthony, a partner with Troutman Pepper, is quoted in the Law360 article, “The Biggest Privacy Developments of 2021.”
Still, the issue isn’t completely settled, as the Supreme Court’s ruling left open several questions, including whether a plaintiff may nevertheless survive the pleadings stage on the autodialer question or whether it’s enough for
This month, Courthouse News Service (CNS) filed suit against several clerks of the Superior Court of California for allegedly violating the First Amendment rights of members of the press by restricting access to newly filed civil complaints. This suit follows on the heels of CNS’ recent lawsuit in Virginia that also asserted the First Amendment
In November, the Consumer Data Industry Association (CDIA) and the Professional Background Screening Association (PBSA) joined forces to submit an amicus brief in support of landlords’ First Amendment right to conduct criminal record background checks. The case is Yim v. City of Seattle, on appeal before the Ninth Circuit, challenging a Seattle ordinance that
On December 8, the U.S. Department of Justice (DOJ) adopted a rule specifying the minimum national requirements for registration under the Sex Offender Registration and Notification Act (SORNA). The rule, which takes effect on January 7, 2022, “provides a concise and comprehensive statement of what sex offenders must do to comply with SORNA’s requirements.” The
On December 16, the Consumer Financial Protection Bureau (CFPB) issued orders to five companies offering buy now, pay later (BNPL) products. BNPL programs are designed to allow consumers to purchase goods and to defer payment over a short term with little to no interest, but with the potential for fees in the event of nonpayment.
In September 2021, Courthouse News Services (CNS) filed a federal lawsuit in the Eastern District of Virginia against Virginia court officials for allegedly violating the First Amendment rights of the press and public by restricting access to newly filed civil complaints. Currently, only Virginia barred attorneys have digital access to newly filed court records through
On November 29, the Consumer Financial Protection Bureau (CFPB) settled a lawsuit by the National Association of Consumer Advocates (NACA) challenging the formation and operation of the Taskforce on Federal Consumer Financial Law (the Taskforce). The Taskforce was formed in October 2019 by then-CFPB Director Kathy Kraninger to examine the existing consumer financial services legal