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On Thursday, September 27, the Federal Trade Commission (FTC) announced settlements with four companies, IDmission, LLC, mResource LLC (doing business as Loop Works, LLC), SmartStart Employment Screening, Inc., and VenPath, Inc., following allegations that the companies falsely claimed to be certified under the EU-U.S. Privacy Shield. Specifically, the FTC alleged that IDmission, LLC misrepresented participation in the program by claiming certification on its website despite never completing the steps necessary to participate…
As of today, Covered Entities are expected to be compliant with additional provisions under the New York State Department of Financial Services (NYDFS) cybersecurity regulation. A “Covered Entity” is any individual or non-governmental entity “operating under or required to operate under a license, registration, charter, certificate, permit, accreditation or similar authorization under the Banking Law, the Insurance Law or the Financial Services Law.” 23 NYCRR 500.01. The cybersecurity regulation became effective March 1, 2017,…
This month, the Privacy Shield Program posted answers to Frequently Asked Questions. The Privacy Shield provides a mechanism to comply with data protection requirements when transferring personal data from the European Union to the United States in support of transatlantic commerce. The general guidance addresses topics such as the continued status of the Privacy Shield as a data transfer mechanism under the EU’s General Data Protection Regulation, the Privacy Shield’s relationship to the Clarifying…
Governor John Kasich signed a bill into law on Friday, August 3, 2018, adding Ohio to the list of U.S. states enacting blockchain legislation.  Introduced last October and passed by the House at the end of June, SB 220 legally recognizes records or contracts and signatures secured through blockchain technology.  Specifically, the bill amends Section 1306.01 of Ohio’s Uniform Electronic Transactions Act, reflecting a “record or contract that is secured through blockchain technology is considered…
On July 18, 2018, Acting Director Mick Mulvaney of the Consumer Financial Protection Bureau (“CFPB”) announced that Paul Watkins will head the CFPB’s new Office of Innovation. According to the press release, the office, which Mulvaney created to focus on consumer-friendly innovation, “will focus on creating policies to facilitate innovation, engaging with entrepreneurs and regulators, and reviewing outdated or unnecessary regulations.” Watkins previously managed the first state fintech regulatory sandbox in the United States…
CFTC Customer Advisory On Monday, the Commodity Futures Trading Commission (“CFTC” or “Commission”) issued its fourth virtual currency customer advisory, Customer Advisory 7756-18, as part of its outreach effort to educate market participants.  Titled, Use Caution When Buying Digital Coins or Tokens, the advisory warns customers of the risks of speculation of future value and fraud; it ultimately advises that the best protection is to exercise caution and to extensively research digital tokens and…
Last week, the Market Oversight and Clearing and Risk Divisions of the Commodity Futures Trading Commission (“CFTC” or “Commission”) issued Staff Advisory No. 18-14 regarding virtual currency derivative product listings. The advisory serves as guidance to exchanges and clearinghouses in the context of listing derivative contracts based on virtual currency under Commission Regulations 40.2 (self-certification) or 40.3 (voluntary submission for Commission review and approval) in order to promote effectiveness and efficiency in the emerging area…
As previously reported, the Supreme Court on November 29 heard arguments in Carpenter v. United States, an important privacy case about the Fourth Amendment’s application to 127 days’ worth of a criminal suspect’s cell-site location information. While the Court has yet to decide the case, its decisions last week in Byrd v. United States and earlier this Term in District of Columbia v. Wesby (argued by one of this post’s authors) hint of…
The 2018 National Association of Attorneys General (NAAG) Presidential Initiative, “Protecting America’s Seniors: Attorneys General United Against Elder Abuse,” has come to a close with a summit held April 17-18 in Manhattan, Kansas, capping off an eight-month campaign during which state AG offices have augmented and sharpened their tools for investigating exploitation of this vulnerable population. The initiative, selected by current NAAG president  Derek Schmidt, Kansas Attorney General, has brought AGs from around the country…
Last month, the FTC announced a $1,384,500 settlement with Michael Abdelmesseh and KMA Merchant Services, LLC in a lawsuit regarding a deceptive credit card laundering scheme. The FTC alleged that the defendants telemarketed fraudulent business opportunities to consumers that involved false promises of thousands of dollars in income as commission for loans made to small businesses referred by those consumers in violation of Section 5 of the FTC Act and the Telemarketing Sales Rule.  The…