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Financial Services Law Insights and Observations


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  • California voters approve expanded privacy rights

    Privacy, Cyber Risk & Data Security

    On November 3, California voters approved a ballot initiative, the California Privacy Rights Act of 2020 (CPRA), that expands on the California Consumer Privacy Act (CCPA). While there are a number of differences between the CPRA and the CCPA, some key provisions include:

    • Adding expanded consumer rights, including the right to correction and the right to limit sharing of personal information for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.
    • Changing the definitions of various entities, including increasing the numerical threshold for being a business to 100,000 from 50,000 consumers and households and removing devices from this threshold.
    • Adding the category of sensitive personal information that is subject to specific rights.
    • Creating a new privacy agency, the California Privacy Protection Agency, to administer, implement, and enforce the CPRA.

    It is important to note that the Gramm-Leach-Bliley Act and Fair Credit Reporting Act exemptions are in the CPRA, and the act extends the employee and business-to-business exemption to January 1, 2023.

    Implementation deadlines

    The CPRA becomes effective January 1, 2023, with enforcement delayed until July 1, 2023. However, the CPRA contains a look-back provision (i.e., the CPRA will apply to personal information collected by a business on or after January 1, 2022). The new privacy agency also is required to begin drafting regulations starting on July 1, 2021, with final regulations to be completed one year later.

    Learn more

    Please refer to a Buckley article for further information on the differences between the CCPA and the CPRA: 6 Key Ways the California Privacy Rights Act of 2020 Would Revise the CCPA (Corporate Compliance Insights), as well a continuing InfoBytes coverage here.

    Privacy/Cyber Risk & Data Security CCPA CPRA California Consumer Protection Ballot Initiative

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  • Nebraska voters approve initiative capping payday loan APRs at 36 percent

    State Issues

    On November 3, according to reports, voters passed Nebraska Initiative 428, which proposed an amendment to Nebraska statutes to prohibit delayed deposit services licensees (otherwise known as payday lenders) from offering loans with annual percent rates (APRs) above 36 percent. Under the amendment, loans with APRs that exceed this cap will be deemed void, and lenders who make such loans will not be authorized to collect or retain fees, interest, principal, or any other associated charges. Specifically, Initiative 428 proposed removal of the existing limit that prohibited lenders from charging fees in excess of $15 per $100 loaned and replaced it with the 36 percent APR cap. It would additionally prohibit lenders from offering, arranging, or guaranteeing payday loans with interest rates exceeding 36 percent in Nebraska regardless of whether the lender has a physical location in the state.

    State Issues Ballot Initiative Payday Lending Interest Rate Consumer Finance

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