Privacy Hot Topic Series
2021 is shaping up already to be quite a privacy/data security year with many issues popping up in states and even at the federal leveland, while school may be out for summer, there is no time like the present to touch on privacy/data security. Kim Phan a member at Ballard Spahr and wel-respected privacy thought leader, Lauren Valenzuela a talented in house counsel at Performant and Leslie Bender a senior councel member at Clark Hill and an amazing member of ACA International have cooked up a 3-part privacy Hot Topic series (in no particular order) for the month of June!
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//]]>// >By John K. Higgins
Mar 31, 2021 5:00 AM PT
Major information technology providers opposed to the broadening of class action litigation related to consumer protections have taken their case to the U.S. Supreme Court.
The companies are hoping the court will strike down a lower court ruling which makes it easier for consumers to file class action suits. The tech companies may not have to wait too long for a decision. The Supreme Court conducted oral arguments in
TransUnion LLC v. Ramirez Tuesday and is expected to issue a decision by the end of June.
At issue is the legal standard governing how members of a consumer class can demonstrate to a court that they have experienced harm in the management of their personal data.
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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory announcements, recap key enforcement actions, and preview upcoming deadlines and events. We also include links to our articles, blogs, and webinars with more analysis in these areas. We understand that keeping on top of the rapidly evolving regulatory landscape is more important than ever for businesses seeking to offer new and ground-breaking technologies.
Regulatory Announcements
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On April 29, 2021, the Federal Trade Commission (“FTC”) announced a record $20 million settlement with Vivint, a Utah-based smart home security and monitoring company. This settlement represents the largest in FTC history for violations of the Fair Credit Reporting Act (“FCRA”), which was enacted in 1970 to promote accuracy, fairness, and the privacy of personal information assembled by consumer reporting agencies and regulate the use of consumer reports. The FTC has jurisdiction over and monitors FCRA violations.
Vivint was accused of unlawfully utilizing the credit history of third parties to process financing applications for potential customers that failed to qualify based on their personal credit history. When a potential customer applied for financing and was rejected by Vivint’s software, sales representatives would add an unrelated co-signer with acceptable credit, or use a method called “white-paging
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