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Jenner & Block LLP
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In an article for American Banker, Jenner & Block Partner Michael W. Ross and Associate Emily A. Bruemmer examine the Consumer Financial Protection Bureau’s (CFPB) preference for less enforcement at the federal level. The authors discuss acting Director Mick Mulvaney’s announcement that the CFPB would no longer be “pushing the... Continue reading
Posted Apr 30, 2018 at Consumer Law Round-Up
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Jenner & Block Partner Anne P. Ray will speak at the 23rd Annual Consumer Financial Services Institute in Chicago. Hosted by the Practising Law Institute, the two-day program will focus on a broad array of recent regulatory, enforcement and litigation issues relating to mortgages; auto finance; credit, debit and prepaid... Continue reading
Posted Apr 26, 2018 at Consumer Law Round-Up
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By Jolene E. Negre On April 17, the New York Attorney General’s Office released a statement that it has launched a fact-finding inquiry into 13 cryptocurrency exchanges. Questionnaires were sent to the following exchanges: Coinbase, Inc. (GDAX) Gemini Trust Company bitFlyer USA, Inc. iFinex Inc. (Bitfinex) Bitstamp USA Inc. Payward,... Continue reading
Posted Apr 24, 2018 at Consumer Law Round-Up
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Today, Jenner & Block announced the formation of a FinTech industry group, expanding the firm’s strong reputation in advising clients on complex financial services and consumer-related matters. Leveraging our industry knowledge and significant capabilities, the FinTech industry group will work strategically with businesses to address and stay ahead of new... Continue reading
Posted Apr 19, 2018 at Consumer Law Round-Up
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In an article for Lending Times, Jenner & Block Partner Kali Bracey and Associate Marguerite L. Moeller discuss potential legal risks that may arise as a result of companies using big data to make credit extension decisions. The article explains that despite the growing trend of using artificial intelligence and... Continue reading
Posted Apr 18, 2018 at Consumer Law Round-Up
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In an article published by Law360, Jenner & Block Partner Jan A. Larson and Associate Catherine L. Doyle examine the potential impact of court action on ransomware coverage. The authors explore the pending district court action of Moses Afonso Ryan Ltd. v. Sentinel Insurance Company Ltd. They explain that the... Continue reading
Posted Mar 12, 2018 at Consumer Law Round-Up
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In an article for Law360 titled “Anticipating This Year's HIPAA Enforcement Trends,” Partner David P. Saunders outlines the possible reasons for why it is still unclear what HIPAA enforcement may look like under the new administration. Mr. Saunders suggests that perhaps the last 12 months of slow HIPAA enforcement represents... Continue reading
Posted Mar 1, 2018 at Consumer Law Round-Up
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By Emily A. Bruemmer and Jennifer J. Yun Nearly two years ago, on May 24, 2016, the European Union (EU) adopted a new law—the General Data Protection Regulation (GDPR or Regulation)—to replace the Data Protection Directive, which has governed data protection in the EU since 1995. While the GDPR resembles... Continue reading
Posted Feb 28, 2018 at Consumer Law Round-Up
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In an article published in FinTech Weekly, Jenner & Block Partners Gayle E. Littleton, David Bitkower and Justin C. Steffen discuss the recent rise of virtual currencies and warn individuals and companies that, although the growth of cryptocurrencies can give the appearance of a Wild West for the digital age,... Continue reading
Posted Jan 19, 2018 at Consumer Law Round-Up
2017 was another busy year for the Consumer Law Round-Up. Launched by the firm’s Consumer Law Practice, the blog updates readers on key developments within consumer law and provides insights that are relevant to companies and individuals that may be affected by the ever-increasing patchwork of federal and state consumer... Continue reading
Posted Jan 3, 2018 at Consumer Law Round-Up
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By Nicolas G. Keller On Wednesday, November 1, during a closed meeting, President Trump quietly signed into law House Joint Resolution 111, thereby voiding the Consumer Financial Protection Bureau’s (CFPB) arbitration agreements rule.[1] That rule, which we wrote about in more detail here, was promulgated in July, and, starting in... Continue reading
Posted Nov 3, 2017 at Consumer Law Round-Up
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Jenner & Block Partners Brian S. Scarbrough and Justin C. Steffen wrote an article for Law360 explaining the basics of blockchain – a database that is shared across a network – as well as potential insurance and regulatory issues raised by the technology. The authors detail the background of blockchain... Continue reading
Posted Sep 21, 2017 at Consumer Law Round-Up
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By Kali Bracey, Jeremy M. Creelan and Nicolas G. Keller On July 10, the Consumer Financial Protection Bureau (CFPB) issued a final rule under Section 1028(b) of the Dodd-Frank Act that governs the use of arbitration by providers of a wide swath of consumer financial products and services.[1] Once in... Continue reading
Posted Jul 20, 2017 at Consumer Law Round-Up
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By Stephen L. Ascher, Thomas C. Newkirk and Howard S. Suskin On June 26, 2017, in California Public Employees’ Retirement System v. ANZ Securities, Inc., the Supreme Court held that the three-year statute of repose in the Securities Act of 1933 prevents plaintiffs from pursuing individual actions under Section 11... Continue reading
Posted Jul 5, 2017 at Consumer Law Round-Up
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By Sarah E. Weiner On June 20, the Seventh Circuit held that a defendant cannot moot a plaintiff’s claim simply by depositing with the court an amount intended to fully compensate the plaintiff. Taking up the question left open by the Supreme Court in Campbell-Ewald Co. v. Gomez, Chief Judge... Continue reading
Posted Jun 27, 2017 at Consumer Law Round-Up
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By Meenakshi Krishnan On Monday, June 19, the Supreme Court held 8-1 in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County that California courts lacked specific jurisdiction to entertain claims brought by plaintiffs who were not California residents, as there was an insufficient connection between the forum... Continue reading
Posted Jun 21, 2017 at Consumer Law Round-Up
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By Nancy C. Libin As of May 25, 2018, all companies that offer goods or services to residents of the European Union (“EU”) will be required to comply with the EU General Data Protection Regulation (“GDPR”). Companies must begin to get their houses in order now, however. The GDPR will... Continue reading
Posted May 26, 2017 at Consumer Law Round-Up
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The past few years have seen a dramatic increase in class actions against luxury fashion brands concerning the practice of affixing allegedly deceptive reference prices on goods sold in outlet stores. According to the plaintiffs in these suits, certain brands mislead consumers by including a “Was,” “Manufacturer Suggested Retail Price,”... Continue reading
Posted May 8, 2017 at Consumer Law Round-Up
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By Sati Harutyunyan The full Senate will consider a bill that seeks to equip small businesses with resources to shield against and manage cybersecurity risks, following the Senate Commerce Committee’s passage of the Making Available Information Now to Strengthen Trust and Resilience and Enhance Enterprise Technology (“Main Street”) Cybersecurity Act... Continue reading
Posted Apr 14, 2017 at Consumer Law Round-Up
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By Mary Ellen Callahan, Julie Shepard and Mara Ludmer Vizio, one of the largest Smart TV companies, recently agreed to pay a $2.2 million fine and be subject to a permanent injunction to settle charges by Federal Trade Commission and the Office of the New Jersey Attorney General that Vizio... Continue reading
Posted Feb 13, 2017 at Consumer Law Round-Up
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By Julie Ann Shepard, Emily A. Bruemmer and Andrew C. Noll Long after the disappearance of most video rental stores, the issue of the applicability of the Video Privacy Protection Act (VPPA) in the digital age is not going away. On January 9, the Supreme Court denied certiorari in C.A.F.... Continue reading
Posted Jan 19, 2017 at Consumer Law Round-Up
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By Mary Ellen Callahan, Peter H. Hanna and Amit B. Patel On January 5, 2017, in one of its first acts in the new year, the FTC filed a complaint in the Northern District of California against Taiwanese manufacturer D-Link Corp. and its US subsidiary (together, D-Link), alleging that D-Link... Continue reading
Posted Jan 12, 2017 at Consumer Law Round-Up
It's been a busy year for the Consumer Law Round-Up. Launched by the firm’s Consumer Law Practice, the blog updates readers on key developments within consumer law and provides insights that are relevant to companies and individuals that may be affected by the ever-increasing patchwork of federal and state consumer... Continue reading
Posted Dec 27, 2016 at Consumer Law Round-Up
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By Jessica R. Amunson In recent years, a 35-year-old New Jersey statute known as the Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”) has soared in popularity with plaintiff’s lawyers bringing putative class actions. These class actions target retailers’ online terms and conditions and often focus on minor technical problems that... Continue reading
Posted Nov 17, 2016 at Consumer Law Round-Up
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As previously reported, Jenner & Block Partner Nancy Libin wrote an article for The Hill in September analyzing the Federal Communications Commission’s (FCC) proposed privacy rules for broadband providers, which she called both “anti-consumer” and “anti-competitive.” Ms. Libin recently wrote another article on the topic for The Hill, this time... Continue reading
Posted Nov 1, 2016 at Consumer Law Round-Up