We are pleased to announce that Troutman Sanders attorney Ron Raether will be presenting during the NetDiligence Cyber Risk Summit at the Loews Santa Monica Beach Hotel in California. This conference features two full days of panel discussions by leading cyber experts who will share their insights on hot topics, trends, and cybersecurity concerns. Ron will be speaking on a panel discussing “Cyber Resiliency Beyond Data Protection” on Thursday, October 17, 2019 at 8:55 a.m.…

Over the past year, nearly twenty amendments were introduced to modify the California Consumer Privacy Act of 2018 (“CCPA”). Now that the deadline to introduce new amendments has passed, we can start to visualize what the CCPA will look like in its effective form. Despite many attempts to dramatically modify the scope, application, and enforcement authority of the CCPA, for the most part, the CCPA will remain the same. However, many of the changes that will likely take…

A federal judge in Alabama has approved a putative class-action settlement in the amount of $1.15 million against Compass Bank to resolve a case brought under the Telephone Consumer Protection Act (TCPA) on behalf of non-customers who received unsolicited auto-dialer survey calls from the bank. The case, Robert Hossfield, and all others similarly situated, vs. Compass Bank, was filed in 2016. Id., No, 2:16-CV-02017 (N.D. Ala. 2016). The Complaint alleged that Compass Bank placed unsolicited…

The Telephone Consumer Protection Act discriminates between types of calls based on content: persons calling to seek collection of federal debts get an exemption from TCPA requirements, while other types of calls do not. Federal courts have split over whether this discrimination is constitutional, setting up in the long term a possible Supreme Court showdown. In the meantime, federal courts continue to split on the issue.  On September 5, a judge within the District of Delaware joined…

On August 30, the California Senate Appropriations Committee failed to approve A.B. 1270 which would extend the California False Claims Act to include tax matters, joining Illinois and New York as the only states that allow whistleblowers to file claims against companies alleging violations of the tax code. Notably, the Federal False Claims Act specifically exempts tax fraud from the types of fraud that it seeks to address.  More specifically, California’s bill would expand the…

On September 10, the Consumer Financial Protection Bureau issued three new policies to promote innovation and facilitate compliance: the Policy on No-Action Letters (NAL), Policy to Encourage Trial Disclosure Programs (TDP), and Policy on the Compliance Assistance Sandbox (CAS). The policies were proposed in 2018 and went through a period of public comment after their proposal. The CFPB previously issued an NAL Policy in 2016 which allowed for NALs to be issued to…

On September 10, Judge Yvonne Gonzalez Rogers entered a $267 million judgment against a debt collection agency that made more than 534,000 telephone calls in violation of the Telephone Consumer Protection Act. The judgment ended three years of class action litigation after plaintiff Ignacio Perez and two others alleged that defendant Rash Curtis & Associates called their cellular telephones using automatic telephone dialing systems and without the plaintiffs’ prior consent.  In September 2017, Judge Rogers granted…