In an era of escalating data breaches, organizations must be vigilant in protecting consumer information. A comprehensive federal data privacy law would streamline compliance efforts, but Congress has yet to pass one, leaving states to fill the gap.
On August 13, the U.S. Court of Appeals for the 8th Circuit reversed a lower court’s ruling that awarded damages and attorneys’ fees to a consumer who received a debt collection letter after requesting no further contact. The consumer alleged the letter violated the “ceasing communication” provision — Section 1692c(c) — of the FDCPA. The panel held that receipt of a single, statutorily-required letter sent in response to the consumer’s dispute of a debt did not constitute a “concrete injury” sufficient to establish Article III standing.
The Consumer Financial Protection Bureau (CFPB) has released an advance notice of proposed rulemaking (ANPR) on personal data rights, commonly known as the Section 1033 rule or open banking rule. The ANPR is scheduled for publication in the Federal Register on August 22, 2025, after which the public will have 60 days to submit comments.
The Office of the Comptroller of the Currency (OCC) today released enforcement actions taken against national banks and federal savings associations (banks), and individuals currently and formerly affiliated with banks the OCC supervises.
Quick analysis: Everything is back up again
After a dip in most statute filings last month, everything is back up in July.
TCPA (+6.2%), FDCPA (+4.9%) and FCRA (+18.9%(!)) were all up for the month of July. YTD, TCPA (+52.7%) and FCRA (+23%) are both way up, while FDCPA (-5.3%) is the only one still lagging behind last year. But even that margin shrunk (by -.6%) last month, following a months-long pattern of getting smaller.
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