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
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
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
Continuing Impact of Campbell Ewald v. Gomez: Does Payment of Plaintiff’s Claim End Lawsuits?
In Leyse v. LifeTime Entertainment Services LLC, the district court for the Southern District of New York recently granted a defendant’s motion to enter judgment on behalf of the plaintiff upon tender to the Clerk of Court of all offered monetary damages and costs.
Plaintiff Mark Leyse brought a putative class action suit against
2016 Spring Update on U.S.-EU Privacy Shield Program
Although it has been almost five months now since the United States-European Union Safe Harbor program was held invalid by a European Court, no clear solution is in immediate sight. Although a new “Privacy Shield” program was announced, whether the provisions as currently “agreed” will survive European ratification remains to be seen.
Nonetheless, it is
Florida Federal Court Weighs In on TCPA and FDCPA Case
On April 6, the United States District Court for the Middle District of Florida issued a ruling on cross-motions for summary judgment in a case involving both Telephone Consumer Protection Act (“TCPA”) claims and Fair Debt Collection Practices Act (“FDCPA”) claims.
In McCaskill v. Navient Solutions, Inc., Defendant Navient Solutions, Inc., a student loan
FTC Approves Final Order in Java Security Update Case
As we previously reported, in December 2015, the FTC settled claims against Oracle that the company deceived consumers about security updates on Oracle’s Java Platform, Standard Edition software (Java SE). The FTC’s complaint specifically alleged that, as Oracle rolled out updates to users, the software only updated the most recent version persisting on the
California Federal Judge Dismisses TCPA Claim, Holds Express Consent Passed from Creditor to Collector
A federal judge recently dismissed a plaintiff’s Telephone Consumer Protection Act (“TCPA”) claim, holding that the consumer had given prior express consent to be contacted by her creditor’s collection agents regarding the underlying credit card debt.
Ashley Schwartz-Earp provided her cell phone number to a JC Penney cashier as part of a store credit card
Stolen Laptop Leads to $3.9 Million Settlement for HIPAA Violations
Last week, a New York health conglomerate reached a settlement with the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), over potential Health Insurance Portability and Accountability Act (“HIPAA”) violations stemming from the theft of an employee laptop.
The OCR first
New Privacy Shield Announced
On February 29, the FTC announced more tentative details of the Privacy Shield program, subject to a determination of adequacy from the EU prior to implementation.[1] The documents provided concurrent with the announcement suggest that the Privacy Shield program likely will include the following requirements in its final form:[2]
- Obtain affirmations from organizations