For our financial services clients interested in monitoring important federal and state legal developments, Ballard Spahr has launched a comprehensive, national tracking service designed to serve the needs of specific segments of the consumer financial services industry.

Beginning January 2, 2021, Ballard is pleased to offer three new federal and state trackers, which are available as a package or individually, depending on your financial institution’s needs:

  • Collections Tracker – providing expanded coverage of relevant federal and state legislative and regulatory developments impacting consumer collection activities; this will still include our current COVID-19-related coverage, but the tracker will be expanded to include new and evolving federal and state collection legislative and regulatory initiatives.
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On November 4, 2020, California voters approved of the ballot initiative Proposition 24, more commonly known as the California Privacy Rights Act (the “CPRA”).  The CPRA goes into effect on January 1, 2023, and will expand several of the existing protections in the California Consumer Privacy Act (the “CCPA”).

As background, the original CCPA emerged in 2018 as a compromise between legislators and the advocacy group, Californians for Consumer Privacy, which had secured a ballot measure vote for its proposed privacy law. … Continue Reading

On August 14, 2020, the California Office of Administrative Law (“OAL”) approved in part and withdrew in part the Regulations regarding the California Consumer Privacy Act (“CCPA”).  While most of the changes are non-substantive, the OAL withdrew certain provisions of the Regulations and resubmitted them to the Attorney General’s Office for further review. … Continue Reading

In this podcast, we discuss the latest modifications to the proposed CCPA regulations with Lauren Valenzuela, Corporate Counsel for Performant Financial, a provider of technology-based solutions to assist debt recovery.  Our discussion covers topics relevant to the debt industry, including the potential impact for debt collectors and other service providers indirectly collecting consumer data; changes for processing household requests; availability of GLBA and other exemptions; issues for users of artificial intelligence; relationship of CCPA opt-outs and FDCPA cease and desist requests; areas needing more clarification.… Continue Reading

On February 25th, the Federal Trade Commission (FTC) released its annual Privacy and Data Security Update, which highlights the FTC’s activities during the past year.

According to the update, the FTC enforcement actions in the past year involved privacy and data security addressing a range of issues, including identity theft, credit reporting and financial privacy, the EU-U.S.… Continue Reading

On February 7, 2020, the California Attorney General’s (AG) Office released modifications to the proposed regulations to the California Consumer Privacy Act (CCPA).  The modifications incorporate amendments to the CCPA signed into law after the AG’s Office issued the proposed regulations in October 2019.  The modifications also reflect public comments made during the initial comment period, which concluded in December 2019. … Continue Reading

In this podcast, we discuss the key aspects of the recently-proposed regulations to implement the CCPA, identify issues clarified by the proposal or left unresolved, compliance challenges raised by CCPA requirements for financial incentives and consumer requests received by large businesses, next steps (including the likely timeline for final regulations and enforcement), and activity in other states to adopt similar privacy laws.… Continue Reading

The California Attorney General’s Office released its long-awaited proposed CCPA regulations last week.  The proposed regulations are 24 pages long, and address a number of important technical compliance issues including how businesses should:

  • provide just in time notice to consumers of personal information collected;
  • provide notice to consumers of the right to opt out of the sale of personal information;
  • provide notice to consumers of financial incentives;
  • provide a CCPA compliant privacy policy;
  • provide methods for consumers to submit requests to know and requests to delete their personal information;
  • respond to consumer requests to know and requests to delete their personal information
  • respond to consumer requests to access or delete household information;
  • respond to requests to opt-out;
  • respond to requests to opt-in after consumers exercise their right to opt out of the sale of personal information; and
  • verify consumer requests.
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The CCPA takes effect on Jan. 1, 2020.  In this podcast, we take a close look at the CCPA’s coverage and unique features, the scope of its “GLBA exemption,” third party issues, private actions and enforcement remedies, federal privacy law initiatives and the CCPA’s influence on state initiatives, and steps for companies facing CCPA compliance.… Continue Reading

Just two days after the Federal Trade Commission (“FTC”) announced a historic settlement of privacy and security claims against Equifax, the FTC today announced that Facebook has agreed to pay $5 billion in civil fines, arising from its violation of a 2012 consent order with the FTC.  According to the FTC, this is the largest fine ever levied by a U.S.… Continue Reading