On November 11, Tennessee Attorney General Herbert H. Slatery III and the Tennessee Division of Consumer Affairs announced that it had settled allegations against credit card payment processor Elavon, Inc. to resolve claims that it violated state consumer protection laws by misrepresenting the cancellation policy of its credit card processing equipment leases, the duration
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No More Daily Fantasy Sports in New York? Not So Fast!
On November 10, New York Attorney General Eric T. Schneiderman issued cease-and-desist letters to FanDuel and DraftKings, the two largest daily fantasy sports companies, demanding that they stop accepting bets in New York State.
According to the letters, daily fantasy sports constitute illegal gambling in violation of both the New York Constitution (N.Y. Const. Art …
Third Circuit Mulls Over Definition of “Meaningful Attorney Involvement”
On November 10, a New Jersey debt collection law firm pressed the Third Circuit to reverse the district court’s ruling that a four-second review of a debt collection complaint does not constitute “meaningful attorney involvement.”
As we previously reported, in Bock v. Pressler & Pressler, LLP, the United States District Court for the…
Obama Issues Executive Order to “Ban the Box” on Federal Agency Employment Applications
On October 2, President Obama announced a new executive order that prevents federal agencies from making job-applicants reveal they have a criminal record as part of his overall criminal justice reform effort. This “ban the box” initiative would prevent federal agencies from asking about an applicant’s criminal history at the initial application stage.
“It is …
New Cybersecurity Legislation Aimed at Protecting Drivers
After several high-profile motor vehicle computer hacking incidents, new legislation was introduced on November 5 that would require a study of best cybersecurity and private practices for software-enabled smart cars.
The so-called SPY Car Study Act was introduced by U.S. Representatives Ted W. Lieu and Joe Wilson. The Act tasks the National Highway Traffic Safety …
Banks Warned of Growing Threat of Cyber Attacks Involving Extortion
On November 3, the Federal Financial Institutions Examination Council (“FFIEC”), the federal agency that regulates the U.S. financial services industry, issued a warning to U.S. banks of a growing threat of cyberattacks involving extortion.
The general threat of cyberattacks comes as no surprise in the wake of highly publicized data breaches. Likewise, cyber security professionals …
Cox’s Data Breach Leads to Stiff FCC Penalty
Cox Communications Inc. agreed to pay $595,000 to resolve an investigation by the Federal Communications Commission’s Enforcement Bureau into whether the cable operator failed to properly protect its customers’ personal information when the company’s electronic data systems were hacked in 2014. The consent decree, entered into on November 5, is the first privacy and …
OCC Releases Updated Booklet on Credit Card Lending
On November 4, the Office of the Comptroller of the Currency (“OCC”) released its “Credit Card Lending” booklet of the Comptroller’s Handbook, replacing the outdated booklet issued in October 1996. A copy can be found here.
The Comptroller’s Handbook is intended as a summary restatement of existing laws, regulations, and policies. The “Credit…
CFPB Revises Appeals Policy
On November 3, the Consumer Financial Protection Bureau announced that it has revised its appeals process and issued a new appeals policy. The announcement was made in conjunction with the release of the CFPB’s Fall 2015 Supervisory Highlights. According to the Bureau, the “revisions reflect experience gained in the appeals process so far, and…
The FTC Coordinates with Federal, State, and Local Authorities in Nationwide Attack Against Abusive Debt Collectors
On November 4, 2015, the Federal Trade Commission (FTC), 47 State Attorneys General, and other state and local law enforcement authorities from around the country announced the first coordinated federal-state enforcement initiative targeting deceptive and abusive debt collection practices. The initiative, named Operation Collection Protection, aims to crackdown on collectors who use illegal tactics…