On September 4, 2008, in American Bankers Association v. Lockyer, No. 05-17163, 2008 WL 4070308 (9th Cir. Sept. 4, 2008), the Ninth Circuit Court of Appeals revived part of the California Financial Information Privacy Act (“S.B. 1”), allowing consumers to opt-out of certain information-sharing activities between financial institutions and their affiliates. Previously, in the 2005 case American Bankers Ass’n. v. Gould, 412 F.3d 1081 (9th Cir. 2005), the Ninth Circuit ruled that the state statute was preempted by provisions of the Fair Credit Reporting Act (“FCRA”) regarding affiliate sharing of “consumer report” information. The recent 2-1 decision preserves consumers’ rights under California law to restrict affiliate data-sharing related to non-consumer report information.
More Posts
CDA Protects MySpace from Underage User’s Negligence Claim
Immunity Under the CDA Has Its Limits According to Two Recent Federal Court Decisions
SEC Seeks to Better Protect Investors’ Privacy With Proposed Amendments to Regulation S-P
Proskauer’s Tanya Forsheit Gives Web Exclusive Interview on Pending Data Breach Legislation
DHS Says Infrastructure More Vulnerable to Cyber Attacks; Private Businesses Told to Be Vigilant
Subscribe: Subscribe via RSS
Blogs