On June 20, the Supreme Court issued an uneventful opinion in the highly anticipated case PDR Network LLC, et al. v. Carlton & Harris Chiropractic, No. 17-1705. The case, which we discussed in depth here, was primed to give TCPA litigants much-needed guidance regarding the impact of Federal Communications Commission rules and regulations
At the state level, data privacy laws in the United States have primarily taken a reactive approach. As of 2018, all 50 states (as well as Washington, D.C., Puerto Rico and the U.S. Virgin Islands) have implemented data breach laws requiring notification to individuals for unauthorized access to personal information. Only certain states, however, regulate
Weighing in on a conflict that
On June 12, a Northern District of Illinois judge ordered loan servicer and debt collector Real Time Resolutions, Inc. to distribute $261,815.82 in unclaimed funds to class members, rather than donating the funds to charity as a cy pres award. In doing so, the Court settled a dispute between the parties as to the proper
In Witt v. United Cos. Lending Corp. (“In re Witt”), 113 F.3d 508 (4th Cir. 1997), the Fourth Circuit held that Chapter 13 debtors are not permitted to bifurcate undersecured home mortgage loans into separate secured and unsecured claims. In re Witt, 113 F.3d at 509. Recently, the Court overruled this twenty-two-year-old decision
Last fall, Troutman Sanders reported that the Federal Communications Commission released its final report and order creating a reassigned numbers database to block robocalls. The FCC has now issued formalized policies to allow carriers to block calls by default using “reasonable analytics.”
The final version of the ruling is largely unchanged from the proposed version.
New York State’s Department of Financial Services (“DFS”) has unveiled two new divisions focused on consumer protection, enforcement, and cybersecurity. These highly–touted divisions expand the enforcement capabilities of DFS and confirm that the department will continue to serve as a regulatory leader in the consumer protection space.
The Cybersecurity
On June 25, the Consumer Financial Protection Bureau will host the first of a series of symposia exploring consumer protections in the financial services industry. This initial symposium will focus on the meaning and scope of “abusiveness” under Section 1031 of the Dodd-Frank Act.
Under the Dodd-Frank Act, the CFPB may take enforcement, supervision,
The Federal Trade Commission has announced a settlement with LightYear Dealer Technologies, LLC, doing business as DealerBuilt, a company that sells software and data services to auto dealers. The FTC alleged that DealerBuilt’s poor data security practices resulted in a breach that exposed the personal information of millions of consumers. A hacker gained unauthorized access
The Federal Trade Commission has issued a Final Rule rescinding several Model Forms and Disclosures it had promulgated under the Fair Credit Reporting Act. The FTC determined these Model Forms and Disclosures were no longer necessary following the transfer of rulemaking authority associated with these forms to the Bureau of Consumer Financial Protection (“CFPB”) under the