On August 8, a unanimous panel of the Ninth Circuit issued a decision affirming a district court’s partial dismissal judgment entered in Trim v. Reward Zone USA LLC, holding that text messages did not use prerecorded voices under the Telephone Consumer Protection Act (TCPA) because they did not include audible components.
ALEXANDRIA, Va. (Aug. 14, 2023) – As Lahaina, Hawaii, works to recover from the destruction caused by wildfires, the National Credit Union Administration is monitoring the situation closely and has resources available to help credit unions affected.
On August 3, the CFPB filed a Reply Brief in support of its request to overturn the Fifth Circuit’s decision in Community Financial Services Association of America v. Consumer Financial Protection Bureau, in which the 5th Circuit found that the CFPB’s funding structure violated the Constitution’s Appropriations Clause (covered by InfoBytes here, here, and here, and in a firm article here).
Beginning on September 1, 2023, all federally insured credit unions must notify the NCUA as soon as possible, and no later than 72 hours, after the credit union reasonably believes it has experienced a reportable cyber incident or received a notification from a third party regarding a reportable cyber incident.
Just because consumers sign up for a membership or subscription doesn’t mean they sign up to get unwanted marketing email. A proposed $650,000 settlement with Experian Consumer Services just filed on the FTC’s behalf by the Department of Justice reminds businesses that they can’t “unsubscribe” from their legal obligations under the CAN-SPAM Act.
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