The U.S. Court of Appeals for the Sixth Circuit recently upheld the dismissal of a financial institution's putative class action lawsuit against a cellular service provider arising from a "SIM swap" scam, holding that the financial institution had no claim for indemnification or contribution under the EFTA or state law. Ralph T. Wutscher ..read more

The U.S. Court of Appeals for the Seventh Circuit recently upheld a trial court's rejection of a borrower's allegations that a mortgagee and its servicer violated the federal Fair Credit Reporting Act and the federal Fair Debt Collection Practices Act by allegedly inaccurately reporting her loan as delinquent following the borrower's successful completion of her bankruptcy plan, allegedly rejecting her subsequent monthly payments, and filing a foreclosure action based on the supposed post-bankruptcy defaults. Ralph T. Wutscher ..read more

Pennsylvania Gov. Josh Shapiro recently approved Senate Bill 824, which amends Pennsylvania’s data breach notification law, 73 Pa. Stat. Ann. § 2301, et seq. Eric Rosenkoetter ..read more

Rhode Island Senate Bill 2500, the "Rhode Island Data Transparency and Privacy Protection Act," was enacted on June 28 without Gov. Dan McKee’s signature. The Act will go into effect Jan. 1, 2026. Eric Rosenkoetter ..read more

The U.S. Court of Appeals for the Eleventh Circuit recently held that the anti-modification provision in the federal Bankruptcy Code applies to loans secured by mixed-use real properties, such as the large parcel at issue here which functioned both for commercial use and as the debtor's principal residence. Ralph T. Wutscher ..read more

Minnesota Gov. Tim Walz recently signed into law HF 4757, the Minnesota Consumer Data Privacy Act, making Minnesota the 18th state to enact a comprehensive consumer data privacy law. The Act will go into effect July 31, 2025. Eric Rosenkoetter ..read more

The U.S. Supreme Court ruled on Thursday that the Consumer Financial Protection Bureau’s funding mechanism complies with the Constitution’s Appropriations Clause. Donald Maurice ..read more

Maryland Gov. Wes Moore on May 9 signed into law House Bill 567/Senate Bill 541, the Maryland Online Data Privacy Act of 2024, making Maryland the 17th state to enact a comprehensive consumer data privacy law. Eric Rosenkoetter ..read more

The Massachusetts Office of Attorney General (“AGO”) recently issued an Advisory on the development, supply, and use of artificial intelligence (“AI”).  The Advisory provides guidance in the context of the Massachusetts Consumer Protection Act,[1] Anti-Discrimination Law,[2] Data Security Law,[3] and associated regulations. Eric Rosenkoetter ..read more

Nebraska Gov. Jim Pillen on April 17 signed into law LB 1074, the Nebraska Data Privacy Act, making Nebraska the 16th state to enact a comprehensive consumer data privacy law following California, Virginia, Colorado, Utah, Connecticut,  Iowa, Indiana, Tennessee, Montana, Texas, Oregon,  Delaware,  New Jersey, New Hampshire, and Kentucky.  The law will go into effect Jan. 1, 2025. Eric Rosenkoetter ..read more