Groups Submit Comments to National Banks Agency Opposing Preemption of States


The OCC's proposed revisions to 12 CFR Parts 7 and 34 of its regulations identify certain types of state laws that would be preempted for non-real estate loans made by national banks.

The scope of the OCC's proposal potentially affects consumer protection and privacy laws of many states. However, we limit our comments to the potential impact on California laws. Particularly troubling is the uncertain implication of the OCC's rulemaking for important identity theft laws that involve access to, and use of, credit reports. Of equal concern is the OCC's proposed regulation to preempt state laws that require national banks to give mandated statements to be included in billing or credit related documents.

Do Not Call Registry is "Fully Up and Running": Updates on Court Challenges and Enforcement Actions


Court challenges to the National Do Not Call Registry were thrown out about by the 10th Circuit District Court, upholding the ability for consumers to sign up for the Registry. While being challenged, the Federal Trade Commission (FTC) was given permission to begin enforcing the registry by the Tenth Circuit Court of appeals on October 7, 2003. Telemarketers can begin accessing the Registry on October 10th and have seven days to scrub their calling lists of those numbers.

Joint Comments to the California Department of Insurance Proposed Regulations RH 03031129: Property Loss Databases


A crisis exists in California's homeowner's insurance market. In May of this year, the Department noted a four-fold increase in the number of consumer complaints about homeowner's insurance, topping the Department's complaint hotline.2 Non-renewal of coverage was a leading cause of consumer complaints, nearly always based on information included in a CLUE or A-Plus report. Adverse insurer decisions based upon inaccurate information included in reports was also a leading cause of consumer complaints.

One of the most troubling practices noted was that of a consumer's insurance being cancelled simply because the individual made an inquiry to the insurer without ever having filed a claim for loss.

Groups Oppose Data Mining of Health Information by Financial Institutions


Today, the Health Privacy Project (HPP), the Electronic Privacy Information Center (EPIC), and 28 other groups, including the Privacy Rights Clearinghouse, sent a letter to U.S. Health and Human Services Secretary Tommy Thompson, opposing any changes to the new medical privacy regulation that would give a green light to banks and other financial institutions to access sensitive, personal medical information. The organizations include health care advocacy, labor, consumer, disability rights, and health care provider groups.

Identity Theft Surveys and Studies: How Many Identity Theft Victims Are There? What Is the Impact on Victims?


Recent Surveys and Studies from Javelin Strategy & Research, Better Business Bureau, Identity Theft Resource Center, Federal Trade Commission, Gartner, and Privacy & American Business

Albertsons' Pharmacies: Complaint for Violations of CA Business and Professions Code Sections 17200, et seq.


Albertsons promotes their access to its customers'/consumers' confidential medical information to pharmaceutical companies anxious to increase the name recognition and sale of their drugs. Albertsons secretly enters into commercial arrangements with pharmaceutical companies willing to pay to participate in the Drug Marketing Program. Albertsons then allows these pharmaceutical companies to participate in using the consumers' medical information for direct marketing (either directly by Albertsons or through direct marketing services companies) that increases the sale of targeted drugs. The pharmaceutical companies fully finance the Drug Marketing Program.

JetBlue: Complaint for Violations of CA Business and Professions Code Sections 17200, et seq.


JetBlue Airways Corporation ("JetBlue"), through an agreement with Torch Concepts, acting in its capacity as a subcontractor for SRS Technologies, provided the personal information of over a million passengers, some of whom are located in California, without such passengers' authorization or consent and in violation of JetBlue's stated privacy policy not to share without consent any passenger data with any third parties.

Letter to House of Reps. and Senate to Oppose HR 2622


The Privacy Rights Clearinghouse and the Identity Theft Resource Center urge you to oppose H.R. 2622 as written because it preempts many state consumer protection laws while failing to prevent credit bureau mistakes or stop identity theft.

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