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
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
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
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
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
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 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
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
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
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