The Supreme Court of Arkansas ruled in favor of the Professional Background Screening Association (“PBSA”) against the Clerk of the Court of Benton County, Arkansas, Bentonville Division, holding that background screeners’ record requests are not requests for compiled information for purposes of Arkansas Supreme Court Administrative Order Number 19 (“Order 19”), and therefore not subject to access limitations imposed by the Clerk of Court. Following the decision, the Bentonville Division resumed processing record requests for…

On January 15, in response to a petition from Acurian seeking clarification on the non-commercial purpose exemption, the FCC held that prerecorded calls to residential phone numbers seeking participants for FDA-mandated clinical pharmaceutical trials did not constitute “advertising” or “telemarketing” under the Telephone Consumer Protection Act (“TCPA”) because they “do not identify property, goods, or services offered for sale by Acurian.” Therefore, these types of calls do not require prior express written consent. However, the…

Ron Raether will be speaking during the session, “Compliance Priorities for Tenant Screeners to Reduce Regulatory and Litigation Risk,” at the 2021 PBSA Mid-Year Legislative and Regulatory Conference that will take place in a virtual format. Ron will discuss the top areas of risk for tenant screeners based on lessons learned from litigation, regulatory investigations, and other intel from the front lines. For more information on PBSA and to register, please click here.…

A federal court in California has ruled that the plaintiff in a putative class action alleging theft of non-sensitive personal information arising from a cybersecurity data breach lacks Article III standing to maintain his claims. In Rahman v. Marriott International, Inc., the Plaintiff asserted claims for violation of the California Consumer Privacy Act (“CCPA”), negligence, breach of implied contract, unjust enrichment, and violation of the California Unfair Competition Act. Plaintiff alleged that class members were…

On January 11, 2021, Maryland Attorney General Brian Frosh released a report detailing the state’s recommendations to help Maryland residents recover from the severe impacts of COVID-19. The report was issued by the COVID-19 Access to Justice Task Force and outlined a holistic approach by making 59 legislative and policy recommendations. The Access to Justice Task Force is a partnership between the Maryland Attorney General’s Office and the Maryland Access to Justice Commission, whose goal…

The Consumer Financial Protection Bureau (CFPB) will soon fall under the leadership of an aggressive consumer advocate. On January 18, President-elect Joe Biden announced that he will nominate current Federal Trade Commission (FTC) Commissioner Rohit Chopra to be the next director of the agency. A CFPB veteran, Chopra holds a B.A. from Harvard and an MBA from Wharton. In 2011, Sen. Elizabeth Warren, who then served as a special advisor in the Obama administration, tapped…