Most organizations understand the importance of timely implementing software updates and patches. However, open platforms have permitted a level of customization such that a patch in one application may have unintended consequences in other parts of the overall system architecture, including customization of the software being updated. A good example is the recent Microsoft security
FTC Issues APEC CBPRs Warning Letters to Companies Claiming Compliance
The FTC issued warning letters to 28 companies that allegedly advertised participation in the Asia-Pacific Economic Cooperative Cross-Border Privacy Rules system (“APEC CBPRs”), but had not received the requisite certification. A company seeking to participate in the CBPR system must first have its compliance established by an APEC-recognized accountability agent.
The APEC CBPRs is a
FTC Approves Increasing Civil Penalty Amounts
The FTC recently approved increases to the maximum civil penalty amounts available for violations of statutes subject to FTC enforcement. The Federal Civil Penalties Inflation Adjustment Act of 2015 authorizes increases affecting sixteen statutes under FTC enforcement authority.
The amended maximums take effect August 1, 2016.
New maximum civil penalties for the following violations will
FTC and Florida Attorney General Settle with Lead Generator Over Technical Support Scam
On July 13, the FTC filed a proposed settlement agreement in the United States District Court for the Southern District of Florida between a group of lead generators and the FTC and the Office of the Florida Attorney General. The named lead generators included PC Cleaner, Inc.; Netcom3 Global, Inc.; Netcom 3, Inc.,
Class Action Data Breach Complaint Against Wendy’s Dismissed for Lack of Standing
As we previously reported, Plaintiff Jonathan Torres filed a putative class action against Wendy’s in the wake of a data breach that the fast-food company suffered earlier this year. Wendy’s subsequently filed a motion to dismiss Torres’ complaint, which the U.S. District Court for the Middle District of Florida granted on July 15.
In
Federal Judge Rejects Challenge to CFPB Director’s Recess Appointment
On July 13, a federal judge tossed out a challenge to the recess appointment of Consumer Financial Protection Bureau Director Richard Cordray.
In State National Bank of Big Spring et al. v. Lew et al., the State National Bank of Big Spring, Texas, joined by conservative advocacy groups The Competitive Enterprise Institute and
House Financial Services Committee Releases Draft of Bill to Replace Dodd-Frank
On June 23, a discussion draft of “The Financial CHOICE Act” was released by the House Financial Services Committee. A primary purpose of this bill is to replace the Dodd-Frank Act, including reforming financial institution regulations and significantly changing the structure and authority of the Consumer Financial Protection Bureau.
Specifically, the
Supplemental Briefs Submitted to the Ninth Circuit for Decision in Spokeo Case
After the Supreme Court vacated and remanded the Ninth Circuit’s decision in Spokeo, Inc. v. Robins, the parties again appeared before the lower court, arguing over whether a purely technical violation of the Fair Credit Reporting Act is sufficient to satisfy the concreteness requirement for Article III standing.
As we previously reported, on
New York Federal Court Dismisses FDCPA Class Claims in a Letter Case
On July 7, the U.S. District Court for the Eastern District of New York granted a debt collector’s motion to dismiss a plaintiff’s claims brought on a class basis under the Fair Debt Collection Practices Act (“FDCPA”).
The case arose out of a debt collection letter that
Connecticut Issues No-Action Letter That Is Great News for Consumer Collection Agencies
In a memorandum dated June 30, the Connecticut Department of Banking stated that it will take no action against licensed consumer collection agencies who collect student loan debt if the licensed consumer collection agencies do not have a license to service student loans. The Department stated that consumer collection agencies who collect student loan debt