Last Friday, October 11, 2019, one day after the California Attorney General issued proposed regulations to implement the California Consumer Privacy Act of 2018 (“CCPA”), the California Governor, Gavin Newsom, announced that he signed all five of the September 2019
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California Attorney General Issues Proposed CCPA Regulations
Today, on October 10, 2019, the California Attorney General (“AG”) issued long-awaited proposed regulations implementing the California Consumer Privacy Act of 2018 (“CCPA”). The AG also issued a notice of proposed rulemaking action and an initial statement of reasons elaborating on
Equifax Will Pay Minimum of $575 Million, up to $700 Million, in Settlement Over 2017 Data Breach
Today, the FTC announced that Equifax, Inc. will pay at least $575 million (and potentially up to $700 million) as part of a proposed global settlement with the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), and 50
Significant UK GDPR Penalties & Record FTC/Facebook Settlement Reveal Valuable Insight into Current Landscape of Privacy Governance and Compliance
This last week saw significant compliance and enforcement activity with respect to both GDPR and the FTC. Specifically, we saw two significant GDPR fines handed down by the UK Information Commissioner’s Office (ICO) against British Airways (approx. $230 million) and
MERS Procedure Not Violation of Alabama Law – Alabama Supreme Court Looks Beyond Punctuation in Interpreting Recording Statute
In its recent opinion in Deutsche Bank National Trust Company v. Walker County, the Alabama Supreme Court held Alabama Code § 35-4-50 does not impose a mandatory duty to record assignments of beneficial interests in residential mortgages. In the
Eleventh Circuit: Motion to Reschedule a Foreclosure Sale Not Barred by Regulation X
In an important victory for mortgage servicers, the Eleventh Circuit rejected a RESPA claim based on a motion to reschedule a foreclosure sale in Landau v. Roundpoint Mortgage Servicing Corp.
China Releases Draft Measures for Data Security Management
*written with assistance from co-author and W&L law student, Isabella Gray.
On May 28, 2019, the Cyberspace Administration of China (“Cybersecurity Administration”) released a set of draft Measures for Data Security Management (the “Draft Measures”). The Draft Measures provide articles
Compelling Arbitration of TCPA Claims Alive and Well
Two recent opinions show that litigants should always determine whether compelling arbitration is viable tactic in fighting claims under the Telephone Consumer Protection Act (TCPA). In Fridman v. Uber Tech. Inc., two plaintiffs—one a former driver, the other a rejected
Eleventh Circuit affirms dismissal of attempted FCRA class action against furnisher of consumer information
Last month, the Eleventh Circuit affirmed the dismissal of a putative class action suit alleging violations of the Fair Credit Reporting Act thereby delivering an important victory to lenders and other entities that provide consumer information to credit reporting agencies.
TCPA Vicarious Liability Passes from Collector Through Servicer to Original Creditor
The Ninth Circuit Court of Appeals recently held that an original creditor was liable under the Telephone Consumer Protection Act (TCPA) for calls made by a debt collector with which the creditor had no contractual relationship. In Henderson v. United