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July

9
2024
Compliance

Are You a Data Broker? Are You sure? — California Issues Proposed Rule for Clarity

The California Privacy Protection Agency (“CPPA”) published their Notice of Proposed Rulemaking (“NPRM”) on July 5th. The NPRM is focused on the CPPA’s work around “data brokers” and the requirements that data brokers register with the CPPA under what is being referred to as the “Delete Act” (“Act”).

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July

9
2024
Industry News

CFPB Takes Action Against Fifth Third for Wrongfully Triggering Auto Repossessions and Opening Fake Bank Accounts

The Consumer Financial Protection Bureau (CFPB) today took action against repeat offender Fifth Third Bank for a range of illegal activities that would result in the bank paying $20 million in penalties in addition to paying redress to approximately 35,000 harmed consumers, including about 1,000 who had their cars repossessed.

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July

8
2024
Trends

Discount Retail Feels the Burn as Paycheck-to-Paycheck Shoppers Cut Back

Discount retailers are closing shop as financially constrained consumers pull back their spending, with Big Lots the latest to take a hit. The discount chain is closing stores by the dozens. Per a recent filing with the Securities and Exchange Commission highlighted by the New York Post, the retailer expects to open three new stores and shutter 35 to 40 of its roughly 1,400 stores this year, following 52 closures last year.

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July

8
2024
Industry News

Update – Federal District Court Issues Preliminary Injunction Against the FTC’s Ban on Non-Competes

On July 3, 2024, U.S. District Judge Ada Brown of the Northern District of Texas issued a preliminary injunction against the implementation of the Federal Trade Commission’s (FTC’s) rule adopting a ban on non-competition agreements and clauses, which prevent workers from leaving for a competitor for a certain period of time. The district court ruled, inter alia, that the FTC exceeded its statutory authority in issuing its rule banning non-competes.

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July

8
2024
Compliance

Judge Denies MSJ for Defendant in FDCPA Class-Action Over SOL Disclosure, Call Notification in Letter

A District Court judge in Pennsylvania has denied a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action lawsuit, ruling the defendant needed to disclose that a partial payment could restart the statute of limitations on a time-barred debt and that a reference to contacting the defendant by phone for further assistance overshadows that disputes must be made in writing.

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