Data Matters Privacy Blog Home Page - Data Matters Privacy Blog

On August 29, 2019, the Monetary Authority of Singapore (MAS) announced that it will begin accepting applications for new digital bank licenses. Interested parties have until December 31 to submit their applications. This follows the MAS’ initial announcement in June to issue up to two digital full bank (DFB) licenses and three digital wholesale bank (DWB) licenses, effectively opening up digital bank licenses to nonbank players.

FinTech, International

11th Circuit Rules Single Text Message Not Sufficient for Article III Standing

Sep 10 2019

Eric S. Mattson and Mark Blocker

Creating a circuit split, the U.S. Court of Appeals for the Eleventh Circuit has held that receiving a single unwanted text message is not enough to confer standing, even if the text violated the federal Telephone Consumer Protection Act (TCPA). The court disagreed with a Ninth Circuit ruling that reached the opposite conclusion in 2017. In so doing, it gave new life to an argument defendants may use to fend off class actions under the TCPA.

Litigation, TCPA

Regulatory Update: NAIC Summer 2019 National Meeting

Sep 04 2019

Stephanie H. Dobecki, Ellen M. Dunn, Andrew Holland, Michael L. Rosenfield, Sara N. Africano and Katie E. Yonover

The National Association of Insurance Commissioners (NAIC) held its Summer 2019 National Meeting (Summer Meeting) in New York City from August 3 to 6, 2019. The Summer Meeting was highlighted by the following activities.

Big Data, Insurance, Legislation, NAIC, Policy, U.S. State Law

Carpenter and Everything After: The Supreme Court Nudges the Fourth Amendment into the Information Age

Sep 03 2019

Christopher Fonzone, Kate Heinzelman and Michael R. Roberts

*This article was first published by the American Bar Association Infrastructure and Regulated Industries in Summer 2019.

Every year, as the calendar turns to June, the legal community looks to the Supreme Court. Eager to get to the Term’s end, the Justices rush to complete all of the outstanding opinions. Since the most difficult and important cases usually take the longest to work out, they are typically the stragglers. June is thus the time when the “blockbuster” opinions are issued—the cases that law professors analyze in their tenure pieces and that law school students study, quite possibly for years to come.

Fourth Amendment, Litigation, Online Privacy, Policy

FTC’s Authority to Obtain Monetary Relief is in Doubt

Aug 27 2019

Mark D. Hopson, Chad S. Hummel, Lucas Croslow and Benjamin M. Mundel

The U.S. Court of Appeals for the Seventh Circuit has struck a major blow to Federal Trade Commission (FTC) enforcement authority, holding that the agency cannot seek its preferred remedy of monetary restitution in federal court.

In recent years, the FTC has used Section 13(b) of the Federal Trade Commission Act (FTC Act)¹ as its preferred enforcement mechanism, and it has done so to great effect. In 2017, for example, the FTC obtained $5.29 billion in restitution under this section. Civil penalties, which are authorized under a different part of the statute, totaled just $176 million that same year.

Enforcement, FTC, Litigation

Navigating the CCPA’s ‘Notice and Cure’ Provision

Aug 21 2019

James M. Perez and Sheri Porath Rockwell

*This article was first published by Bloomberg Law in August 2019

Companies doing business with California consumers are impacted by the California Consumer Privacy Act (effective Jan. 1, 2020). The CCPA’s private right of action provision gives California residents the right to sue companies when their personal information is subject to unauthorized access and exfiltration, theft, or disclosure due to a company’s failure “to implement and maintain reasonable security procedures and practices.”

Under this provision, consumers may seek actual damages, declaratory or injunctive relief, and statutory damages, which begin at $100 and continue up to $750 “per consumer per incident.” The potential aggregated exposure through consumer class actions could be significant, and companies are searching for ways to mitigate private lawsuits.

CCPA, Cybersecurity, Data Breaches, Enforcement, Information Security, Litigation, U.S. State Law

Monetary Authority of Singapore Invites Applications for New Digital Bank Licences

11th Circuit Rules Single Text Message Not Sufficient for Article III Standing

Regulatory Update: NAIC Summer 2019 National Meeting

Carpenter and Everything After: The Supreme Court Nudges the Fourth Amendment into the Information Age

FTC’s Authority to Obtain Monetary Relief is in Doubt

Navigating the CCPA’s ‘Notice and Cure’ Provision

Categories

Archives

Contacts