A new bill introduced by the Senate (S. 2666), the “Sanction and Stop Ransomware Act of 2021”, would require a strict 24-hour limit for reporting ransomware payments for businesses with more than 50 employees. The bipartisan bill, put forward by
Continue Reading Senate Introduces Legislation Requiring 24-hour Ransomware Notification
Balch & Bingham LLP Blogs
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California Privacy Protection Agency (CPPA) Invites Comments on Proposed Rulemaking
Background
Yesterday, on September 22, 2021, the California Privacy Protection Agency (“CPPA”) — the new privacy regulatory agency created by the California Privacy Rights Act of 2020 (“CPRA” or “CCPA 2.0”) — issued an invitation for public comment on
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SEC Issues Cybersecurity Sanctions Against Eight Firms
Background
On August 30, 2021, the Securities and Exchange Commission (SEC) sanctioned eight firms in three actions for cybersecurity failures in their policies and procedures that exposed the personal information of thousands of customers at each firm. These firms included:
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Eleventh Circuit Affirms $380.5M Class Action Settlement in Equifax Data Breach Litigation
Last week, the United States Court of Appeals for the Eleventh Circuit affirmed the $380.5M settlement in the Equifax data breach class actions – a settlement which the district court called “the largest and most comprehensive recovery in a data
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Eleventh Circuit’s “Narrow” Holding May Open Wide Disputes About Duties Under The FCRA
The Eleventh Circuit recently weighed in on a common practice—reporting debts subject to bankruptcy. In the process of so doing, the opinion in Losch v. Nationstar Mortgage LLC provided litigants some key insights in Fair Credit Reporting Act (“FCRA”) compliance
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President Biden Issues Executive Order on Cybersecurity
On May 12, 2021, President Biden issued an executive order to strengthen U.S. cybersecurity defenses. The order comes in the wake of the ransomware attack on Colonial Pipeline and numerous other cybersecurity attacks against the U.S. government and private companies
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Eleventh Circuit holds commonplace use of letter vendors may violate FDCPA and further expands consumer standing in Huntstein v. Preferred Collection
To start with the headline, on April 21, 2021, the Eleventh Circuit Court of Appeals held that a debt collector sending personal identifying information to dunning letter vendors states a claim under the Fair Debt Collection Practices Act (FDCPA). To
Continue Reading Eleventh Circuit holds commonplace use of letter vendors may violate FDCPA and further expands consumer standing in Huntstein v. Preferred Collection
Bank Entitled to Pursue Claim for Longer Statute of Limitations on Loan
Under Alabama law, the statute of limitations for an “open account” is shorter (3 years) than for an “account stated” or breach of contract claim (6 years). In Cadence Bank, N.A. v. Robertson, No. 1190997, 2021 WL 1230165 (Ala. Apr.
Continue Reading Bank Entitled to Pursue Claim for Longer Statute of Limitations on Loan
Court Limits Scope of Midland Funding and Imports State Law Penalties for Bankruptcy Filings
In Midland Funding, LLC v. Johnson, 137 S.Ct. 1407 (2017), the U.S. Supreme Court held that filing a proof of claim for a debt subject to a limitations defense does not violate the FDCPA, at least in the vast
Continue Reading Court Limits Scope of Midland Funding and Imports State Law Penalties for Bankruptcy Filings
Plain-text reading of TCPA prevails in Facebook, SCOTUS says autodialers must store or produce numbers using a random or sequential number generator
Few decisions in the world of the Telephone Consumer Protection Act (“TCPA”) have been more awaited than Facebook, Inc. v. Duguid, 592 U.S. — (2021). There, the Supreme Court of the United States (“SCOTUS”) wrestled with the ultimate TCPA
Continue Reading Plain-text reading of TCPA prevails in Facebook, SCOTUS says autodialers must store or produce numbers using a random or sequential number generator