The U.S. Court of Appeals for the Fifth Circuit recently affirmed entry of summary judgment against a consumer debtor who claimed that a collection letter’s language, implying that interest or other charges (which the debt collector did not collect on debts referred to it by the creditor and were not referenced in the subject credit agreement) could accrue in the event of a default, violated the federal Fair Debt Collection Practices Act (FDCPA).
Posts published in “Compliance Management”
A number of states have tolled the statutes of limitations on legal actions in response to COVID-19. The Iowa Supreme Court announced a toll on statutes of limitations in a March 17 order regarding court procedures. According to a March 23 operations summary from the…
The U.S. Court of Appeals for the Ninth Circuit recently held that the trial court had Article III jurisdiction and did not abuse its discretion in approving a settlement between a social media company and a nationwide class of its users who alleged that the social media company routinely scanned and collected their private information without their consent.
The “Minnesota Consumer Data Privacy Act,” HF 3936, is a walleye-size privacy bill that significantly expands on the California Consumer Privacy Act. Unlike the CCPA, it does not include a dollar threshold for applicability.
Instead of introducing one all-encompassing bill addressing consumer data privacy issues, legislators in Wisconsin have introduced three consecutively-numbered privacy bills.
Rhode Island S 2430 is titled the “Consumer Privacy Protection Act” and has a number of provisions similar to the California Consumer Privacy Act, though the annual gross income threshold is much lower.
Although just over five pages in length (excluding the cover page and three-page summary), New Jersey S269 is not your garden-variety piece of privacy legislation and is packed with plenty of weedy issues.
Legislators in Mississippi recently introduced SB 2548. the "Mississippi Consumer Data Privacy Act." The bill contains provisions similar to the California Consumer Privacy Act but goes further than the CCPA with a lower annual gross revenue threshold, applying to any for-profit business, or any entity that controls or is controlled by such a business, that does business in Mississippi.
Illinois SB 3299 and HB 5603 are nearly identical and would create the “Consumer Privacy Act.”
Idaho HB 425 was introduced on Feb. 6, 2020, to address the perceived issue that “current Idaho law enables excessive attorney's fees and fails to provide judges with clear guidance to combat abuses of the collections process.” This proposed law would apply to “any person” and does not limit its application to debt collectors.
Consumer data privacy appears to be on the minds of legislators in Arizona this session. As previously mentioned, House Concurrent Resolution 2013 was introduced in Arizona on Jan. 10, 2020, by five Republicans and one Democrat declaring: That the Members of the Legislature oppose the enactment…
Following its enaction, the Dodd-Frank Act left the financial services industry with uncertainty in many areas. For nearly 10 years, the industry has wondered and speculated about the inclusion of a prohibition against abusive acts and practices. What exactly is abusive conduct? Is abusive conduct different from false and misleading acts or unfairness? How will the CFPB handle enforcement?