Tennessee The Tennessee Information Protection Act (“TIPA”) was signed into law by Gov. Bill Lee on May 11, 2023, with an effective date of July 1, 2025. The threshold for coverage by TIPA is narrower than state consumer privacy laws, applying to companies that make more than $25 million in revenue and control or […]
Technology & Intellectual Property Update
Iowa Passes Cybersecurity Affirmative Defense Law
On May 3, 2023, Iowa became the fourth state to pass a law providing companies with an affirmative defense against suits alleging that the organization failed to implement reasonable information security controls which then led to, or resulted in, a data security breach. The other states that have passed similar […]
CFPB Hits Bank of America for Junk Fees, Withholding Card Awards, and Opening Fake Accounts
Earlier this month, the Consumer Financial Protection Bureau (“CFPB”) announced it was entering into multiple consent orders with Bank of America (collectively, the “Orders”) in connection with its consumer account programs. The Orders impose $150 million in penalties against Bank of America ($90 million payable to the CFPB, $60 million […]
Protection of Personal Digital Data is Common Law
In a recently issued opinion by the United States Court of Appeals for the Eleventh Circuit, Ramirez v. The Paradies Shops, LLC[1], the court found that a plaintiff may allege negligence under common law for an employer’s failure to protect the personal, sensitive information of an employee. The facts of […]
FDIC Cease and Desists Underscore Importance of Reviewing Websites and other Public Materials for Compliance with FDIC Rules
Over the past several weeks, the Federal Deposit Insurance Corporation (“FDIC”) has issued a spate of cease and desist letters targeted to fintech companies over what the FDIC believes are false and/or misleading statements and assertions as to the insured status or coverage of the fintechs’ products. The targeted companies […]

