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Published Article

Update on the California Consumer Privacy Act and Other States’ Actions

Read Time: 1 min

California became the first state in the nation to grant its citizens new and enhanced privacy rights when it enacted the California Consumer Privacy Act of 2018 (CCPA). Since its passage, the California legislature has amended the CCPA; California voters modified the CCPA when they passed ballot proposition 24, the California Privacy Rights Act of 2020 (CPRA); the California attorney general implemented final regulations; and the California Department of Justice began enforcing the CCPA. It has also been the subject of litigation.

Sanford Shatz (Irvine) and Paul Lysobey (Cleveland) co-authored a review of further CCPA developments during the past year and the enactment of similar consumer privacy laws in Virginia and Colorado in the ABA Business Law Section’s The Business Lawyer, Volume 77, Issue 2, Spring 2022.

View the full article here.

Insights

Deep Dive into Consumer Finance

GLBA or FCRA? Data Sharing Between Affiliates and Non-Affiliates

March 17, 2023

When an entity shares data outside of its organization, the following questions often arise: Does the FCRA or GLBA (or both) apply to the specific type of data sharing? And how do these laws impact my company’s financial privacy notice? The answer to these questions comes down to the relationship between the Gramm-Leach-Bliley Act (GLBA,More

Alert

California Issues Cosigner Notice Translations

December 15, 2022

The California Department of Financial Protection and Innovation (DFPI) has released the Translated Notice to Cosigner on its website, in anticipation of a January 1, 2023 effective date for its cosigner notice amendment.

Alert

California Amends Cosigner Notice for Consumer Credit Contracts

November 1, 2022

On August 15, 2022, the California governor signed SB 633, which expands the obligation of creditors to provide a cosigner notice when obtaining more than one person’s signature on a consumer credit contract. For purposes of this law, a consumer credit contract includes, among other things, retail installment contracts, loans, or other extensions of credit.

Presentation

The Shifting Data Privacy and Data Protection Landscape

September 19, 2022

Sandy Shatz (Irvine) will participate in a panel discussion on the ever-present concerns around data protection and privacy on September 19, 2022, at the Mortgage Bankers Association (MBA) Regulatory Compliance Conference in Washington, DC.

Published Article

Congress Introduces the American Data Privacy and Protection Act

July 12, 2022

On June 23, 2022, Representatives Pallone, Rodgers, Schakowsky, and Bilirakis introduced the American Data Privacy and Protection Act, HR 8152. This Act represents an effort to create a comprehensive federal privacy law. Information that could be linked to a person or a device would be covered, and the Act would provide extra protections for sensitive covered data. The Act would not cover publicly available data or de-identified data.

Published Article

Computer-Security Incident Notification Requirements for Banks Become Effective

May 6, 2022

System (“Board”), the Federal Deposit Insurance Corporation (“FDIC”), and the Office of the Comptroller of the Currency (“OCC”), jointly issued a final rule with respect to establishing notification requirements for computer-security incidents for banking organizations and bank service providers in order to promote early awareness of emerging threats and enable the agencies to react to the threats before the threats become systemic (“Final Rule”).

Published Article

CFPB Issues Report on Characteristics of Homeowners Who Remain in Forbearance as Pandemic Protections Expire

May 6, 2022

Almost eight million borrowers entered forbearance plans during the pandemic, including those plans available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Many borrowers have exited their forbearance plans. As a follow-up to its May 2021 report, the Consumer Financial Protection Bureau (CFPB) recently published an updated report on the characteristics of mortgage borrowers who remained under the protection of a forbearance plan as of January 2022 to help understand their demographics and financial capacity.

Alert

The Impact of the Virginia Consumer Data Protection Act

April 7, 2021

On March 2, 2021, the Commonwealth of Virginia enacted the Virginia Consumer Data Protection Act, making Virginia the second state in the United States to enact a comprehensive data privacy regime, following in the footsteps of the CCPA of 2018.

Presentation

Overview of CCPA and How it Incorporates into Current Policies

October 7, 2020

What do you need to do to ensure data privacy compliance with the CCPA? Aaron Kouhoupt (Cleveland), Chris Couch (Birmingham), and David Thompson (Cleveland) presented an overview of the CCPA and how it incorporates into current policies on Wednesday, October 7 during the 2020 Virtual Consumer Finance Legal Conference.

Published Article

CCPA for lenders outside California

July 23, 2020

The California Attorney General’s office began enforcing the California Consumer Privacy Act (CCPA) on July 1. Lenders operating outside California need to pay attention because they may be subject to the CCPA if their borrowers are in California. Below are tips to help understand California’s new privacy rights and how to comply with the CCPA. TheMore

Published Article

The California Consumer Privacy Act of 2018: A Sea Change in the Protection of California Consumers’ Personal Information

Spring 2020

Following a series of publicly disclosed data breaches, California citizens submitted a ballot proposition entitled the California Consumer Privacy Act (CCPA) of 2018. Because ballot propositions are difficult to amend once adopted by the voters, California legislative and executive leaders reached an agreement with the ballot proposition’s proponents that it would be withdrawn if aMore