The Fair Employment and Housing Council published the final text for the “Consideration of Criminal History in Employment Decisions” regulation on March 27, 2017. This regulation, effective July 1, 2017, impacts employers’ consideration of criminal history information for employment purposes, including those related to layoffs. Employers are well-advised to take a fresh look
Court Preliminarily Approves $1.2M FACTA Class Action Settlement Against Microsoft
The United States District Court for the Southern District of Florida recently granted preliminary approval of a Fair and Accurate Credit Transactions Act (“FACTA”) class action against Microsoft Corporation.
In Guarisma v. Microsoft Corp., the named plaintiff, Carlos Guarisma, filed a putative class action against Microsoft in November
Join Us at the NAPBS 2017 Mid-Year Legislative & Regulatory Conference
We are pleased to announce that Troutman Sanders partners David Anthony, Cindy Hanson, Ron Raether, and Ashley Taylor will be featured panelists at the National Association of Professional Background Screeners (“NAPBS”) 2017 Mid-Year Legislative & Regulatory Conference to be held March 20-21 in Arlington, Virginia.
In an interview-style format, David will have
FTC’s Latest Message to IoT Industry Comes as Complaint Against D-Link Alleging UDAP Violation Related to Security Vulnerabilities
On January 5, the Federal Trade Commission filed a complaint against D-Link Corporation, a Taiwanese corporation, and D-Link Systems, Inc., a California corporation and a subsidiary of D-Link Corporation. D-Link sells Internet of Things (“IoT”) devices and software to support such devices. Specifically, D-Link sells routers which transfer data packets along a network and which
FDA’s Postmarket Management of Cybersecurity in Medical Devices
On December 28, the U.S. Food and Drug Administration issued its “nonbinding recommendations” guidance for addressing post-market cybersecurity vulnerabilities in medical devices under the title “Postmarket Management of Cybersecurity in Medical Devices.”[1] By its terms, the recommendations are for a “risk-based framework for assessing when changes to medical devices for cybersecurity vulnerabilities require reporting
Student Loan Servicer Agrees to $17.5M TCPA Class Action Settlement
On January 26, the United States District Court for the Southern District of Indiana granted preliminary approval of a $17.5 million Telephone Consumer Protection Act class action against Navient Solutions Inc.
According to the original Complaint, plaintiff Randy Johnson received multiple telephone calls on his cell phone from Navient, a student loan servicing and collection
NHTSA and DOT Propose Rule Mandating Vehicle-to-Vehicle Communication on Light Vehicles
The National Highway Traffic Safety Administration and the Department of Transportation have issued a Notice of Proposed Rulemaking for autonomous and connected cars. The NPRM “proposes to establish a new Federal Motor Vehicle Safety Standard” under 40 CFR 571 to mandate vehicle-to-vehicle (V2V) communications for new light vehicles and to standardize the message and format
Ninth Circuit Reverses Dismissal of Plaintiffs’ FCRA Complaint against Fannie Mae
In an unpublished decision, the Ninth Circuit Court of Appeals ruled that a complaint sufficiently alleged that Federal National Mortgage Association (“Fannie Mae”) may act as a consumer reporting agency (“CRA”) under the Fair Credit Reporting Act, which could potentially subject Fannie Mae to the accuracy requirements imposed by section 1681e(b) of the FCRA.
In
Telecommunications Service Provider Does Not Have Standing to Sue Under TCPA
In Telephone Science Corporation v. Asset Recovery Solutions, the United States District Court for the Northern District of Illinois recently held that Telephone Science Corporation (“TSC”), a telecommunications company, did not have standing to pursue its Telephone Consumer Protection Act claims against Asset Recovery Solutions, LLC (“ARS”), a debt collection company.
TSC operates a
New York Financial Regulator Revises Proposed Cybersecurity Regulation
On December 28, the New York Department of Financial Services (“NY DFS”) released its highly anticipated revised cyber security rule. As we previously noted here, the proposed regulations 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