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October

10
2024
Compliance

[Podcast]: The Regulation of Negative Option Consumer Contracts – Silence as Consent

Our podcast today focuses on negative option consumer contracts, i.e., agreements that allow a seller to assume a customer’s silence is an acceptance of an offer. Such contracts are ubiquitous in today’s marketplace.

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October

10
2024
Industry News

3 Key Takeaways and Collection Agency Industry Insights from the NACARA Conference

Last week, the North American Collection Agency Regulatory Association (NACARA) hosted its annual conference at the California Department of Financial Protection and Innovation’s Sacramento office. The event served as a platform for state regulators and collection agency representatives to discuss the latest challenges and emerging trends affecting the industry.

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October

10
2024
Industry News

Raft of California AI Legislation Adds to Growing Patchwork of US Regulation

Once again, California is flexing its market power by taking bold and wide-ranging legislative action to regulate the use and deployment of artificial intelligence ("AI") systems. In 2024, the California ("CA") Legislature was particularly active in developing and passing dozens of AI-related bills that aim to impose wide-ranging obligations ranging from safety, consumer transparency measures, reporting requirements, clarification of privacy safeguards, protections for performers and deceased celebrities, and election integrity measures.

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October

10
2024
Industry News

Fidelity says data breach exposed personal data of 77,000 customers

Fidelity Investments, one of the world’s largest asset managers, has confirmed that 77,000 customers had personal information compromised during an August data breach. The Boston, Mass.-based investment firm said in a filing with Maine’s attorney general on Wednesday that an unnamed third party accessed information from its systems between August 17 and August 19 “using two customer accounts that they had recently established.”

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October

10
2024
Compliance

Questions About Phone’s Business Use Defeat Class Certification

A California federal court has denied class certification where questions existed about the use of the plaintiff’s phone number for business. Christopher Payne filed a putative class action against Sieva Networks, alleging that the company sent unsolicited telemarketing text messages to consumers whose residential phone numbers are registered on the National Do Not Call (DNC) Registry.

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