The Consumer Financial Protection Bureau (CFPB) announced on March 15, 2023, that it is issuing a Request for Information (RFI) about the business practices of data brokers, which the agency said will assist it in “planned rulemaking” under the Fair Credit Reporting Act (FCRA). The CFPB has explained it is seeking information on (1) “new
Justin Potesta partners with clients to navigate novel issues at the intersection of finance, privacy, and technology.
Getting the Right Fit: Biometric Privacy and the Apparel Industry
In recent years, apparel and retail businesses have increasingly sought to provide customers with options to interact with the brand’s merchandise and services in virtual environments. This includes everything from virtual try-on to virtual stores in the metaverse. Depending on their specific nature, these services could potentially trigger biometric privacy laws, generating risk for businesses.
Rip Van Wrinkle: The Grandfather of Biometric Laws Awakens
In February, the Texas attorney general brought the first enforcement action under Texas’ Capture of Use of Biometric law. CUBI was the first state law to govern the collection and use of biometric data, predating the more well-known Illinois law by seven years.
This update explores (1) the key differences between CUBI and the Illinois…