The Consumer Financial Protection Bureau (CFPB) recently issued a circular to law enforcement agencies and regulators, highlighting how broad nondisclosure agreements (NDAs) could violate whistleblower protections under Section 1057 of the Consumer Financial Protection Act (CFPA). These agreements, if not carefully worded, may deter employees from reporting misconduct or cooperating with investigations, thus undermining the CFPB’s enforcement efforts.
We have recently blogged about two other actions in which this issue has been raised (one being a declaratory judgment action filed against the CFPB on July 23, 2024 in the E.D. Tex. and the other being an enforcement actionfiled in the N.D. Tex. in which a motion to dismiss was filed on July 31, 2024).
The landscape of payments fraud is undergoing a shift as traditional detection methods become increasingly inadequate against sophisticated fraud schemes. Conventional rules-based systems, relying on static rules and predefined patterns, are falling short in adapting to the dynamic tactics of modern fraudsters.
Regulation of consumer privacy, including the use of cookies and other tracking technologies, is top of mind for many state regulators, as evidenced by the recent adoption of 19 comprehensive state privacy laws in the past few years. New York has not yet adopted a comprehensive data privacy law.
Navigating the virtual marketplace has become an integral part of the consumer experience in the digital age. Lurking behind the convenience and accessibility of e-commerce websites, however, lies a subtle yet pervasive tactic known as “dark patterns.”
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