On July 6, Colorado Gov. Jared Polis signed into law Senate Bill 21-190, the Colorado Privacy Act. This makes Colorado the third state, behind California and Virginia, to enact comprehensive consumer data privacy legislation. The act becomes effective July 1, 2023.
Posts published in “Compliance Management”
On April 21, the U.S. Court of Appeals for the Eleventh Circuit issued a decision holding that the transmittal of consumer information to a letter vendor constitutes a communication with an unauthorized third party in connection with the collection of a debt in violation of 15 U.S.C. § 1692c(b).
The U.S. Court of Appeals for the Third Circuit recently affirmed the dismissal of a class action complaint alleging that a collection letter’s itemization of a debt as including “$0.00” in interest and fees — when the debt could not accrue interest or fees — violated the federal Fair Debt Collection Practices Act.
On April 7, the Consumer Financial Protection Bureau (CFPB) issued a Proposed Rule that would postpone the effective date of the Debt Collection Final Rules, Part 1 and Part 2, by 60 days, from Nov. 30, 2021, to Jan. 29, 2022.
The federal Telephone Consumer Protection Act can no longer apply to devices that do not “us[e] a random or sequential number generator,” according to an April 1 decision from the U.S. Supreme Court.
On March 15, the California Office of the Attorney General announced that additional regulations relating to the California Consumer Privacy Act (CCPA) had been approved, effective immediately.
The U.S. Court of Appeals for the Seventh Circuit recently vacated a trial court’s summary judgment in favor of a debt collector and ordered dismissal for lack of Article III standing.
The State of Florida, like many states, maintains a robust workers’ compensation statute geared toward insulating employees injured on the job from associated medical services. Now, lawsuits continue to be filed against debt collectors, hospitals and other medical providers alleging that under a novel interpretation of Florida’s workers’ compensation law, it is unlawful to attempt to collect medical debt arising from work-related injuries directly from consumers.
Last year, the CFPB provided some answers to the question: What is abusive conduct? For 10 years, industry waited on a policy statement regarding the framework that the CFPB would use in enforcement related to the catch-all category of “abusiveness” only to have the CFPB rescind the policy statement citing that it intended to “exercise its supervisory and enforcement authority consistent with the full scope of its statutory authority under the Dodd-Frank Act.”
On March 2, Virginia Gov. Ralph Northam signed into law the Virginia Consumer Data Protection Act. House Bill 2307 was introduced Jan. 20, 2021, and a substitute was passed in the House just nine days later. Its companion, Senate Bill 1392, followed a similar trajectory and on Feb. 19, each chamber concurred in the other’s substitute. The Act will become effective Jan. 1, 2023.
In 2006 the Committee of Ministers of the Council of Europe designated each Jan. 28 as Data Protection Day, known outside of Europe as Data Privacy Day. It marks the day in 1981 that Convention 108 of the Council of Europe became open for signature.
The Consumer Financial Protection Bureau increased the maximum civil penalty it can impose within its jurisdiction after Jan. 15, 2021. The increases are required by federal law, which requires agencies to adjust for inflation each civil monetary penalty within an agency’s jurisdiction by Jan. 15.