The 2022 National Association of Attorneys General (NAAG) Presidential Summit, held last week in Des Moines, Iowa, signaled a clear partnership between state AGs, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) to accomplish Iowa AG Tom Miller’s “fight back” presidential initiative: Consumer Protection 2.0: Tech Threats and Tools. Picking up from the 2021 kickoff of Miller’s NAAG initiative this past December, the NAAG Summit featured a variety of speakers from the federal, state, and private sectors, including, most notably, from the FTC and CFPB.
New rules to strengthen and better enforce consumer rights in Germany and the EU
Introduction and Overview
The year 2022 is one of major changes to consumer protection laws in Germany and the EU, namely:
- Changes in connection with digital products and corresponding new provisions for the sale of consumer goods took effect on 1 January 2022 (see our earlier Reed Smith Client Alert Part I).
- New consumer protection rules regarding automatic renewal and notice periods took effect in March 2022.
- Requirements regarding termination buttons will come into force on 1 July 2022 (see our earlier Reed Smith Client Alert Part II).
Continue Reading New rules to strengthen and better enforce consumer rights in Germany and the EU
Iowa Attorney General Tom Miller on the latest on consumer protection, emerging technologies and data privacy
In the latest edition of the IAPP Privacy Advisor, Divonne Smoyer and Roger Gibboni talk with Iowa Attorney General (AG) Tom Miller on the latest issues surrounding emerging technology, data privacy and consumer protection. As the longest serving state AG in U.S. history and the President of the National Association of Attorneys General, AG Miller
Ohio Attorney General Yost discusses consumer protection and privacy laws
In a recent Q&A with Ohio Attorney General (AG) Dave Yost published in the IAPP Privacy Advisor, the first term AG discusses how he continued Ohio’s role as a vigorous enforcer of consumer protection and privacy laws, with a lengthy track record of looking out for the needs of the government, business and consumers equally.
FTC loses powerful enforcement tool in consumer protection and antitrust matters due to Supreme Court decision
In a ruling on April 22, 2021, the United States Supreme Court unanimously held that § 13(b) of the Federal Trade Commission Act (the Act) does not authorize the Federal Trade Commission (FTC) to seek, or a court to award, equitable monetary relief such as restitution or disgorgement. The FTC previously used § 13(b) as
Tenn. Attorney General Slatery on state and federal consumer privacy in 2021 and beyond
In a recent Q&A with Tennessee Attorney General (AG) Herbert Slatery, the eight-year term AG discusses how he makes consumer protection, including privacy and cybersecurity issues, a top priority for Tennessee citizens and businesses. AG Slatery shares his thoughts on privacy on a multi-state state level, the prospect of standards of enforcement for technology companies,
Nevada Attorney General Aaron Ford talks to Reed Smith about Nevada’s new data privacy law, consumer protection, and data breaches
In a recent Q&A with Nevada Attorney General (AG) Aaron Ford, the first term AG discusses Nevada’s new data privacy law (Senate Bill 220), which provides consumers with a right to opt out of the sale of their data. AG Ford also outlines his perspective on federal privacy law and his office’s data breach enforcement
Illinois Attorney General Kwame Raoul talks to Reed Smith about consumer privacy, biometrics, and data breaches
In a recent Q&A with Illinois Attorney General Kwame Raoul, the first term AG discusses potential changes to data breach laws in Illinois and whether his state could implement a privacy statue similar to the California Consumer Privacy Act (CCPA), the effectiveness of federal data breach legislation, and reasonable steps that businesses could take to
Wisconsin representative proposes “groundbreaking” data privacy law modeled after GDPR, including statutory penalties up to $20 million or 4 percent of total annual revenue
A trio of consumer data privacy bills modeled after Europe’s General Data Protection Regulation (GDPR) has been introduced in the Wisconsin State Assembly. The three bills, collectively dubbed the Wisconsin Data Privacy Act (WDPA), were sponsored by Republican State Representative Shannon Zimmerman, who is seeking to make Wisconsin “the most consumer-friendly state in our nation on data privacy.” Collectively, Assembly Bills 870, 871, and 872 seek to grant Wisconsin residents a host of rights related to companies’ collection and processing of their personal data and would impose a number of related regulatory obligations on companies that process personal data.
Consumer rights
- A right to request information about what personal data a company has processed;
- A requirement that companies obtain opt-in consent before collecting or making any use of the consumer’s personal data;
- A right to request that a company stop any processing of the consumer’s personal data and give notice to cease processing personal data to every entity the company has shared the consumer’s data with (unless this is impossible or involves unreasonable efforts); and
- A right to request deletion of the consumer’s personal data.
Circuit split on automatic telephone dialing systems under the TCPA reinforces importance of obtaining prior express written consent
A federal court in Missouri recently held that a restaurant’s promotional text messages did not violate the Telephone Consumer Protection Act (TCPA) because the messaging equipment used by the restaurant did not qualify as an automatic telephone dialing system (ATDS) as defined by the statute. The district court noted a split between the circuit courts