On September 24, IBM presented new capabilities of Watson – its artificial intelligence system – related to the interpretation of the increasingly vast amount of data available on consumer and business activities. Watson, best known for its 2011 Jeopardy! victory against two of the game show’s previous champions, consists of an artificial intelligence system
Credit Reporting + Data Brokers
Troutman Sanders Adds Partner with Seasoned Experience to Privacy and Financial Services Litigation Practices
Troutman Sanders LLP announced today that Ronald I. Raether, Jr. has joined the firm as a partner in the Orange County office and will play a significant role in both the firm’s Cybersecurity, Information Governance and Privacy and Financial Services Litigation practices. He joins the firm from Faruki Ireland & Cox P.L.L, where he led…
Spokeo Continues to Garner Attention; Argument Set for November 2
Spokeo, Inc. v. Robins has continued to garner attention, both in terms of motions to stay the litigation in the pending case and with respect to amicus briefing by parties interested in the issues raised in this important case. On September 9, the Supreme Court set arguments for the case for November 2. As of …
CFPB Appoints New Members to the Consumer Advisory Board, Community Bank Advisory Council, and Credit Union Advisory Council
On September 18, the Consumer Financial Protection Bureau announced the appointment of new members to the Consumer Advisory Board, Community Bank Advisory Council, and Credit Union Advisory Council.
“These advisory bodies play a crucial role in ensuring that the Bureau is addressing the wide variety of perspectives in the consumer financial marketplace,” said CFPB Director…
7th Circuit Rejects Neiman Marcus’ Request for Rehearing over Standing in Data Breach Class Action Suit
On September 17, the Seventh Circuit Court of Appeals declined to rehear an appeal it decided against Neiman Marcus over a payment card data breach, leaving in place the precedential ruling that held plaintiffs can sue for the trouble and expense of preventing fraud on their accounts.
The decision stems from a class action suit…
FTC Fines Texas Auto Dealer $82,777 for Violating Credit Reporting Requirements
A recent Federal Trade Commission settlement with an auto lender highlights two basic requirements under the Fair Credit Reporting Act for companies that furnish consumer information to consumer reporting agencies (CRAs): (1) furnishers are required by federal law to have written policies aimed to ensure the accuracy and integrity of the information supplied, and (2) …
FTC Urges Start-Ups to Incorporate Cybersecurity Early
The Federal Trade Commission is proactively encouraging start-ups to take cybersecurity seriously and include consumer data safeguards early in the innovation process. At the FTC’s Start with Security conference in San Francisco on September 9, FTC Chairwoman Edith Ramirez called on innovators to instill a “culture of security” early in the product development lifecycle.
In…
Trade Groups’ Comment Letters Urge CFPB to Fix Complaint Database Before Trying to Normalize Data
In response to the CFPB’s request for information (RFI) regarding “best practices” for normalizing the data in the Consumer Complaint Database, issued on June 30, 2015, the American Bankers Association (ABA) submitted a comment letter that argues any efforts made by the CFPB to “normalize” data in its consumer complaints database – that is,…
FCC Continues to Expand Its TCPA Reach with E-Faxes
On August 28, the Federal Communications Commission issued a declaratory ruling holding that electronic faxes or “e-faxes” are covered by the Telephone Consumer Protection Act and the Junk Fax Protection Act. E-faxes are communications that originate as a fax, but are converted to electronic files during transmission and received as attachments to emails. This ruling …
11th Circuit Holds Providing Number Equals Consent Under TCPA
In Murphy v. DCI Biologicals Orlando LLC, No. 14-10414, 2015 U.S. App. LEXIS 14632 (11th Cir. Aug. 20, 2015), the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of a proposed class action under the Telephone Consumer Protection Act, holding that the plaintiff consented to receive text messages when he provided his …