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
The CFPB will hold a Community Bank Advisory Counsel meeting with Richard Cordray on Wednesday, September 30, from 3:00–4:00 p.m. The meeting will be held in the Second Floor Auditorium of the Bureau’s offices, located at 1275 First Street, N.E., Washington, D.C. 20002.
The topics to be discussed with the Director include
On September 10, Consumer Financial Protection Bureau Director Richard Cordray refused an appeal by members of Florida’s congressional delegation and the state’s top financial regulator to use Florida’s payday-lending rules as a model for planned federal regulation. According to one source, Cordray indicated in a private meeting that he disagreed with certain aspects of Florida’s
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
On September 8, the Federal Deposit Insurance Corporation announced that it had ordered Comenity LLC to pay nearly $64 million in civil money penalties and restitution for alleged deceptive advertising and marketing of credit card add-ons, in violation of Section 5 of the Federal Trade Commission Act. Comenity LLC manages credit card programs for several
The FTC announced it has changed the location and has re-opened registration for its second “Debt Collection Dialogue” in Dallas. The September 29 event is now going to take place at Southern Methodist University’s Dedman School of Law. Pre-registration, which originally closed on August 13, was re-opened for this larger event.
More information
On September 4, the Oneida Tribe of Indians of Wisconsin won dismissal of a putative class action alleging that it printed expiration dates and more than the last five digits of credit cards on receipts at its retail stores. In Jeremy Meyers, et al. v. Oneida Tribe of Indians of Wisconsin (Civil Action No. 1:15-cv-00445,
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,
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
On August 24, the Third Circuit Court of Appeals affirmed the authority of the Federal Trade Commission to bring cases against companies that experience a data breach.
The Third Circuit Court of Appeals ruled the FTC could proceed with a lawsuit alleging that the hotel chain Wyndham Worldwide Corp. violated the unfairness and deception prong