| | California Courts Make Crucial Data Privacy Rulings By Jay Reding
Data privacy has become an increasingly major concern for businesses in recent years, especially retailers. Making the situation more difficult is that there is no unified law of consumer or employee privacy in the United States, putting the U.S. in a category with Turkey as the only countries without a unified privacy law. Instead, the U.S. has a patchwork of state, federal, and even local rules and regulations. It is estimated that there are at least 30 federal statutes and over 300 state statutes concerning data privacy in the United States. For a business to navigate through this thicket requires understanding the interplay between all of these statutes—a daunting task for retailers and other businesses that deal with private consumer information.
Recent US Supreme Court Decision Seems to Spark Trend Narrowing Creditors’ Ability to Shield Itself from Liability under the Fair Debt Collection Practices Act
by L. Kathleen Harrell-Latham
The United States Supreme Court significantly narrowed the application of the bona fide error defense under the Fair Debt Collection Practices Act in its ruling in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, et. al. In that case, the Supreme Court resolved a long-standing split amongst the circuits on whether a creditor attempting to collect a debt was entitled to claim the protection of the bona fide error defense under the FDCPA for an error resulting from misinterpretation of the law in lieu of a factual mistake. Since this decision was entered, courts considering application of the defense appear to be limiting its availability even further. This apparent trend is particularly important for all businesses and individuals considering their options and strategies when faced with collection of outstanding receivables in this economic climate. To read more, click here.