On March 16, the Ohio governor signed into law Ohio S.B. No. 13, a bill shortening the statute of limitations for actions upon written contracts to six years after the cause of action accrues. The bill also establishes a statute of limitations of six years after the cause of action accrues on actions arising out of a consumer transaction incurred primarily for personal, family or household purposes Read More
Year: 2021
CALIFORNIA OAL APPROVES THE ADDITIONAL MODIFIED CCPA REGULATIONS
On March 15, 2021, the California Office of Administrative Law approved the third and fourth sets of proposed modifications to the California Consumer Privacy Act (“CCPA”) Regulations. See our prior ALERTS dated Oct. 14, 2020 and Dec. 11, 2020 for full details of these proposed modifications. These newly approved regulations are effective immediately. Read More
COURT FINDS KANSAS SURCHARGE LAW VIOLATES FIRST AMENDMENT
The U.S. District Court for the District of Kansas recently held the Kansas surcharge statute (Section 16a-2-403) to be an unconstitutional restriction on a merchant’s freedom of speech. CardX, LLC v. Schmidt, No. 20-2274-JWB (D. Kan. Feb. 25, 2021). Read More
UTAH LEGISLATURE PASSES CYBERSECURITY AFFIRMATIVE DEFENSE ACT
On March 2, 2021, the Utah House and Senate passed the Cybersecurity Affirmative Defense Act. The Act applies to “persons,” a term defined to include a financial institution organized, chartered or holding a license authorizing operation under the law of Utah, another state or another country. Read More
VIRGINIA ENACTS CONSUMER DATA PRIVACY LAW
On March 2, 2021, the Virginia Governor signed the Consumer Data Protection Act, making Virginia the second state to pass a comprehensive consumer data privacy law. The Act passed during Virginia’s Special Legislative Session after both the House and Senate agreed to an amendment that creates a working group to review the provisions of the Act and issues related to its implementation. The working group is tasked with submitting findings, best practices and recommendations regarding the implementation of the Act no later than November 1, 2021. Read More
OHIO GENERAL ASSEMBLY PASSES BILL SHORTENING STATUTE OF LIMITATIONS ON CONTRACTS TO SIX YEARS
Both houses of the Ohio General Assembly have passed Ohio S.B. No. 13, a bill shortening the statute of limitations for actions upon written contracts to six years after the cause of action accrues. The bill also shortens the statute of limitations on oral contracts to four years after the cause of action accrues. Read More
NY GOVERNOR SIGNS BILL TO AMEND AND DELAY EFFECTIVE DATE OF COMMERCIAL FINANCING DISCLOSURES
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
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