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Posts published in “State & Local Regulation”

Idaho Introduces ‘Idaho Patient Act’ Relating to Medical Collections

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.

Arizona Privacy Legislation – Right, Left and Center(ish)

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 of laws, the adoption of regulations or the imposition of out-of-state standards that would restrict or otherwise dictate standards related to consumer data privacy, absent a clear nexus with consumer harm. That the Members of the Legislature believe a single federal standard for comprehensive consumer data privacy regulation is preferable to a state-by-state approach. Not…

And They’re Off! Multiple States Charging Ahead With Privacy Legislation    

As California Attorney General Xavier Becerra advises consumers of all their new rights under the California Consumer Privacy Act (CCPA), multiple states are introducing their own privacy acts, some of which are remarkably similar to the CCPA.  The most-watched privacy legislation is perhaps in Washington State, described below, which very nearly passed its Privacy Act last year.

2019: A Watershed Year for Consumer Financial Services Law

It has been an extraordinary 365 days for consumer financial services law. I cannot recall a year where so many states introduced legislation or proposed regulations or rules impacting the credit industry. At the federal level, proposed rules for the Fair Debt Collection Practices Act were (finally) released and California also proposed regulations under the California Consumer Privacy Act.

The 2019 Privacy Legislation Bomb Cyclone

The European Union’s General Data Protection Regulation (GDPR) went into effect on May 25, 2018, and introduced privacy concepts that were new to some U.S. businesses.  Fortunately, the GDPR was developed over a period of time that allowed for thoughtful deliberation and careful drafting. The California Consumer Privacy Act (CCPA), on the other hand, was speedily enacted under the threat of a ballot initiative.

Nevada Enacts ‘Consumer Protection from the Accrual of Predatory Interest After Default Act’

Nevada has enacted a new law entitled the “Consumer Protection from the Accrual of Predatory Interest After Default Act,” which relates to consumer form contracts used in connection with retail installment transactions and the prejudgment and postjudgment interest and attorney fees that may be awarded by a court. Signed into law on June 3 and applicable only to contracts entered into on or after Oct. 1, the Act adds a new chapter to Title 8 of the Nevada Revised Statutes, “Commercial Instruments and Transactions.” The Act does not apply to a number of entities, including (but not limited to): banks;…

Three New California Laws Will Impact Consumer Credit

Three new laws signed by California Gov. Gavin Newsom in recent days will impact consumer credit in the state by capping interest rates on payday and other consumer installment loans, giving automatic exemptions for bank account levies and removing exemptions for attorneys and mortgage loans from the Rosenthal Act. California Financing Law Expanded AB 539 amends the California Financing Law, which licenses and regulates finance lenders and brokers, by imposing new restrictions on loans of $2,500 or more but less than $10,000. It also adds a rate cap on those loans so that the annual simple interest rate may not…

Illinois Legislature Passes Amendments to Data Breach Notification Law

On June 25, the Illinois Legislature sent Senate Bill 1624 to Gov. J. B. Pritzker.  The legislation adds a requirement to Illinois’ data breach notification law to notify the attorney general in the event of certain data breaches.  The bill will become law if not returned by the governor by Aug. 24, 2019. The legislation would amend the Personal Information Protection Act, 815 ILCS 530/10, by requiring that any data collector who must inform more than 500 Illinois residents of a data breach also provide notice to the attorney general describing: the nature of the breach; the number of affected residents;…

Texas Enacts Amendments to Data Breach Notification Law; Creates Privacy Protection Advisory Council

On June 14, Texas Gov. Greg Abbott signed into law House Bill 4390 which amends the notification requirements of Texas’ data breach law and creates an advisory council to study data privacy laws generally.  The provisions become effective Jan. 1, 2020. Currently, a person conducting business in Texas who “owns or licenses computerized data that includes sensitive data” must disclose the breach to any affected individual “as quickly as possible.”  Tex. Bus. & Com. Code § 521.053(b). The amendments will require the disclosure “be made without unreasonable delay and in each case not later than the 60th day after the…