On February 16, 2021, the New York Governor signed S.898, a bill that amends the New York commercial financing disclosure statute to expand the scope of the statute and delay the effective date. See our prior ALERT dated Dec. 29, 2020 for details about the commercial financing disclosure statute…Read More
Month: February 2021
CFPB ACTING DIRECTOR ENDS COVID PAUSE AND CALLS OUT INDUSTRY FOR SLOW COMPLAINT RESONSE TIMES
The Consumer Financial Protection Bureau’s (“CFPB”) Acting Director Dave Uejio announced in a blog post that he has directed the Division of Research, Markets and Regulation (“RMR”) to end the CFPB’s “pause on quarterly Home Mortgage Disclosure Act (“HMDA”) reporting, CARD Act data collection and more that was ” implemented around the start of the COVID-19 pandemic…Read More
VIRGINIA IS ON THE VERGE OF ENACTING CONSUMER PRIVACY LEGISLATION
Virginia is on the verge of enacting consumer privacy legislation substantially similar to the California Consumer Privacy Act (“CCPA”) as both the House of Representatives and Senate have passed companion bills. On January 29, 2021, the House passed HB 2307 and on February 3, 2021, the Senate passed SB 1392, each titled the Consumer Data Protection Act. Each bill has been continued to be considered during the first special legislative session that begins on February 10, 2021…Read More
CALIFORNIA DFPI WELCOMES COMMENTS ON NEW RULEMAKING AUTHORITY
The newly named California Department of Financial Protection and Innovation (“DFPI”) has asked stakeholders to provide comments to help the DFPI development regulations under the California Consumer Financial Protection Law (“CCFPL”). The deadline to submit comments is March 8th…Read More
SIXTH CIRCUIT APPEALS COURT COULD DETERMINE THE FATE OF TCPA LIABILITY FOR CALLS MADE BEFORE JULY 6, 2020
The Sixth Circuit Court of Appeals is set to opine on whether calls made to an individual using an automated telephone dialing system before July 6, 2020 relinquished the court’s subject matter jurisdiction over the claims. Lindenbaum v. Realgy, LLC, No. 20- 4252 (appellant’s opening brief, filed Jan. 25, 2021)…Read More
FTC PROVIDES INSIGHT INTO LIABILITY FOR THIRD PARTY MISCONDUCT
In a forthright blog post, the Director of the Bureau of Consumer Protection, Andrew Smith, explained the Federal Trade Commission’s (“FTC”) approach to bringing enforcement actions against companies that assist, facilitate or participate with their customers, vendors or business partners in misconduct…Read More