Articles

04.10.17

No Opt-Out? No Problem: D.C. Circuit Overturns the FCC's Solicited Fax Rule

In a major decision that will surely impact the healthcare industry, a split panel of the U.S. Court of Appeals for the District of Columbia Circuit invalidated the Federal Communication Commission's Solicited Fax Rule in Bais Yaakov of Spring Valley et al. v. FCC, 14-1234 (D.C. Cir. Mar. 31, ...


04.06.17

FTC Commissioners Testify on Combatting Fraud

Acting Federal Trade Commission Chair Maureen K. Ohlhausen and Commissioner Terrell McSweeny testified recently about the agency's efforts to combat fraud.Speaking before the Senate Committee on Commerce, Science, and Transportation's Subcommittee on Consumer Protection, Product Safety, and ...


04.05.17

New Ad-Friendly FCC Trumps Old, Rule By Rule

In a major victory for marketers everywhere, a split panel of the U.S. Court of Appeals for the District of Columbia Circuit invalidated the FCC’s Solicited Fax Rule. The FCC created the Solicited Fax Rule in a 2006 order, requiring that fax advertisements sent with a recipient’s prior ...


04.05.17

Schumer's Task Is Democratic Unity

Chuck Schumer was dealt a weak hand by the 2016 elections. He is the Senate minority leader, not the majority leader, as most thought might happen last fall. And now, he faces several obstacles in a high-stakes game of political pinochle.After Donald Trump's inauguration, Democrats were ...


03.31.17

Ninth Circuit Permits Internal Whistleblower to Sue

Why it mattersBroadening a circuit split, the U.S. Court of Appeals for the Ninth Circuit determined that a whistleblower was entitled to the protections of the Dodd-Frank Wall Street Reform and Consumer Protection Act despite failing to report his concerns about corporate actions to the Securities ...


03.31.17

FCRA Suit Against Amazon Moves Forward

A Fair Credit Reporting Act (FCRA) suit against Amazon can move forward in Florida federal court, a judge recently ruled. Donovan Hargrett accused the online retailer of violating the statute by failing to provide two separate forms for his job application and background check authorization at a ...


03.30.17

CFPB Proposes Delay for Prepaid Rule

In Consumer Financial Protection Bureau (CFPB) news that even opponents praised, the Bureau proposed a six-month delay in the effective date of the final prepaid accounts rule.What happenedIn October 2016, the CFPB finalized the Prepaid Rule, which imposed significant new requirements for prepaid ...


03.30.17

Mortgage Lender Hit With Record HMDA Penalty

In the Consumer Financial Protection Bureau's (CFPB) largest Home Mortgage Disclosure Act (HMDA) penalty to date, the Bureau hit a major mortgage servicer with a $1.75 million penalty for allegedly failing to report accurate data about mortgage transactions over a two-year period.What ...


03.29.17

The Next Big Takings Case... Maybe

"On Monday, March 20, the eyes of the takings world were focused on the U.S. Supreme Court. The lines had been drawn and the chosen warriors assembled. It promised to be a furious battle, for there were not merely two opponents in the ring, there were four: one representing the interests of ...


03.24.17

Four Pitfalls to Avoid in a Cyberinsurance Policy

As more and more companies enter the burgeoning cyberinsurance marketplace, they often ask policyholder counsel like me how they can choose the best cyberpolicy when confronted with so many choices. When the marketplace was still in its infancy just a few years ago, this was a considerably harder ...