In the wake of an alleged data breach, First Choice Federal Credit Union filed a class action lawsuit against The Wendy’s Company in Pennsylvania federal court on April 25. Wendy’s has already been hit with a consumer class action filed in February in Florida federal court based on the same event. Now First Choice seeks
Troutman Sanders Partner Ron Raether Featured in Information Security Media Group Interview
In a recent interview, the Information Security Media Group (“ISMG”) featured Troutman Sanders partner Ron Raether, who lent his comments regarding the verdict Epic Systems obtained against Tata Consultancy involving the misuse of trade secrets. Ron discusses how customary data security controls can be used beyond protecting personally identifiable information to
FTC Offers New Interactive Tool for Mobile Health App Developers
“Does your mobile app collect, create, or share consumer information? Does it diagnose or treat a disease or health condition?” If so, then the FTC’s new online tool may assist you in understanding what federal laws or regulations might apply to your app.
The Mobile Health Apps Interactive Tool recently went online and offers developers
U.S. Senate Passes Energy Bill with Cyber Security Provisions
On April 20, the United States Senate passed a sweeping energy bill that would give the Department of Energy authority to step in during a cyber attack and tell electric utilities what to do to protect the nation’s power grid. The bill also authorizes funding for cyber research and testing, and more clearly defines DOE’s
Ninth Circuit Rejects Post-Campbell-Ewald Attempt to Moot Class Claims by Depositing Unaccepted Funds into Escrow Account
In Chen v. Allstate Insurance Co., the Ninth Circuit became one of the first courts to address a significant question left open by the Supreme Court’s recent decision in Campbell-Ewald. Specifically, the Ninth Circuit considered whether a defendant could moot a plaintiff’s class claims by making an offer of judgment for complete relief,
Missouri’s Action Against Charter for Improper Telemarketing Largely Survives First Legal Test
A government enforcement action against Charter Communications, Inc. for alleged violations of federal and state telecommunications laws has mostly withstood the first legal challenge. As we previously reported, Missouri Attorney General Chris Koster filed a federal lawsuit in October 2015 against Charter alleging violations of federal and state telemarketing and “do-not-call” laws. The lawsuit
New York City Issues Guidance Suggesting Background Screening Company Liability for Failure to Ensure Compliance With “Ban the Box” Requirements
The New York City Human Rights Law (the “NYCHRL”) prohibits discrimination in employment, public accommodations, and housing. It also prohibits discriminatory harassment and bias-based profiling by law enforcement. The NYCHRL, pursuant to the 2005 Civil Rights Restoration Act, must be construed “independently from similar or identical provisions of New York state or federal statutes” such
FCC Releases Proposed Rule Requiring Internet Service Providers to Comply with New Privacy Obligations
On April 1, the Federal Communications Commission issued a notice of proposed rulemaking (“NPRM”) that would require Internet service providers (“ISPs”) to clearly disclose how customer data is being used, take reasonable steps to protect that information, and notify affected customers within 10 days of discovering a data breach. The NPRM — formally approved by
CFPB Budget Reform Approved By House Financial Services Committee
On April 13, the House Financial Services Committee approved a bill by a 33-20 vote that is intended to end direct funding of the CFPB by the Federal Reserve and require the Bureau to be subject to the regular congressional appropriations process. This Committee joins others in approving similar measures that would institute a variety
Join Us for Our Consumer Financial Services Webinar Series Beginning May 3
Troutman Sanders is proud to announce its Consumer Financial Services Webinar Series beginning on May 3. Speakers throughout this webinar series will address cybersecurity and data privacy, the Telephone Consumer Protection Act (“TCPA”), the Fair Credit Reporting Act (“FCRA”), the Fair Debt Collection Practices Act (“FDCPA”), mortgage lending and servicing, and other related consumer finance