• 01.31.19

    A Wire Act: DOJ Says Law Applies to All Forms of Gambling

    Reversing its prior stance, the Department of Justice (DOJ) released a new opinion stating that the Wire Act applies to all forms of gambling—not just sports gambling—adding another layer of oversight to the online gambling industry.

  • 01.31.19

    A Call to ‘Upgrade’ Can Be Puffery, NAD Says

    In a mixed decision addressing puffery, the National Advertising Division (NAD) found that a claim made by Kraft Heinz on point-of-sale (POS) displays for its Heinz Real Mayonnaise constitutes puffery, but may also be an unsupported comparative claim when viewed in a different context.

  • 01.31.19

    Washington, DC, Adds Auto Renewal Law

    The nation’s capital joined the growing number of states regulating automatic renewal contracts when Mayor Muriel Bowser signed the new law into effect this month.

  • 01.31.19

    Ninth Circuit Has No Due Process Concerns About ADA Compliance

    The U.S. Court of Appeals, Ninth Circuit became the latest court to apply the Americans with Disabilities Act (ADA) to website and mobile app accessibility, reversing dismissal of a suit against Domino’s Pizza.

  • 01.31.19

    HHS Publishes Health Industry Cybersecurity Practices

    In December 2018, the Department of Health and Human Services published “Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients” (HICP).

  • 01.30.19

    State AGs Keep Busy With Financial Services Cases

    State attorneys general (AGs) remain busy in the financial services industry, with an almost $500 million settlement between a for-profit college and the AGs of 48 states and Washington, D.C.

  • 01.30.19

    Attorney General Nominee Could Ease Marijuana Industry Concerns

    The future of financial services for marijuana businesses may be brighter if current nominee for attorney general William Barr is confirmed by the U.S. Senate for the position.

  • 01.30.19

    Cards in Courts: NY Surcharge Battle Ends, Amex Claims Tossed

    The beginning of 2019 brought updates in the world of payment cards, with what appears to be an end to the long-running litigation over credit card surcharges in the state of New York.

  • 01.30.19

    CFPB News: Constitutionality, Military Lending, Enforcement and More

    While the dispute over the constitutionality of the Bureau of Consumer Financial Protection’s (CFPB or Bureau) structure continues to rage, the Bureau continued to make other news, releasing a report on the Ability to Repay and Qualified Mortgage rule, while Director Kathy Kraninger asked ...

  • 01.30.19

    Court Certifies Class of Consumers in Payday Lending Suit

    A federal court in Minnesota has certified a class of consumers suing a lead generator and related payday lenders for violations of state law, rejecting the defendants’ concerns that the damages calculations would require individual inquiries.

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