On May 1, 2020, the U.S. House of Representatives introduced House Resolution 6666, the COVID-19 Testing, Reaching, And Contacting Everyone (“TRACE”) Act. The resolution, sponsored by Bobby Rush (D-IL) would authorize the Secretary of Health and Human Services to award
Latest from Balch & Bingham LLP - Page 7
U.S. Senate Introduces COVID-19 Consumer Data Protection Act
As they had previously announced their intent to do so, the leadership of several Senate Committees introduced the “COVID-19 Consumer Data Protection Act” on May 7, 2020.
The Act would:
- Require companies under FTC jurisdiction to obtain affirmative express consent
Second Wave of CARES Act Litigation Filed Against Banks; Accounting Firms Seek “Agent Fees” for Preparing PPP Loan Applications.
At least two class actions filed in the wake of the COVID-19 pandemic by disgruntled accounting firms allege some of the nation’s largest banks never paid “agent fees” to entities assisting small businesses apply for Paycheck Protection Program (“PPP”) loans
“CCPA 2.0” Amendments Qualify for November 2020 Ballot
On May 4, the Californians for Consumer Privacy (led by Alistair McTaggart, the real estate investor and activist behind the original ballot initiative that led to the CCPA), announced in a letter that it had collected over 900,000 signatures to
U.S. Senate Announces Introduction of COVID-19 Consumer Data Protection Act
On April 30, 2020, U.S. Sens. Roger Wicker (R-MS), chairman of the Senate Committee on Commerce, Science, and Transportation, John Thune (R-SD) chairman of the Subcommittee on Communications, Technology, Innovation, and the Internet, Jerry Moran (R-KS), chairman of the Subcommittee
White House Issues Executive Order Restricting Foreign Equipment in Bulk Power System
Last Friday, May 1, the White House signed an executive order prohibiting Federal Agencies and U.S. persons from acquiring, importing, transferring, or installing any bulk power system (“BPS”) equipment in which:
- the transaction involves bulk-power system electric equipment designed, developed,
A Properly Notarized Power of Attorney Provides Authority to Execute Mortgages
In Forbes v. Platinum Mortgage, Inc., No. 1180985, 2020 WL 746533 (Ala. Feb. 14, 2020), the Alabama Supreme Court upheld the validity of a home mortgage. There, the husband borrowed $175,000, securing the loan with a mortgage on the
Eleventh Circuit Affirms FCRA Punitive Damage Award But Reduces Ratio to 4:1
In Williams v. First Advantage LNS Screening Solutions, Inc., 947 F.3d 735 (11th Cir. Jan. 9, 2020), the plaintiff recovered a jury verdict under the FCRA for $250,000 of compensatory damages and $3.3 Million of punitive damages. The defendant
Banks Beware: New Class Actions Alleging Banks Prioritized Large PPP Loans Over Smaller Ones
In a flurry of new class actions filed on behalf of unhappy small business owners, banks are facing suits alleging they unlawfully prioritized processing large loans under the Paycheck Protection Program (PPP) over smaller ones. Two parallel class actions were
Cyber Insurance Found to Cover Fraudulent Wire Transfer
Note: This post was originally posted in our Southeast Financial Litigation Monitor.
Gregory C. Cook & Brandon N. Robinson
The story is becoming all too common. A merchant (or consumer) is convinced to wire money to a fraudulent account