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California AG publishes CCPA FAQs
The California attorney general recently published a set of frequently asked questions providing general consumer information on the California Consumer Privacy Act (CCPA). The CCPA—enacted in June 2018 (covered by a Buckley Special Alert) and amended several times—became effective January 1. Final proposed regulations were submitted by the AG last month as required under the CCPA’s July 1 statutory deadline (covered by InfoBytes here), and are currently with the California Office of Administrative Law for review. The FAQs—which will be updated periodically and do not serve as legal advice, regulatory guidance, or as an opinion of the AG—are intended to provide consumers guidance on exercising their rights under the CCPA.
- General CCPA information. The FAQs address consumer rights under the CCPA and reiterate that these rights apply only to California residents. This section also clarifies the definition of “personal information,” outlines businesses’ compliance thresholds, and states that the CCPA does not apply to nonprofit organizations and government agencies. The FAQs also remind consumers of their limited ability to sue businesses for CCPA violations and details the conditions that must be met before a consumer may sue a business for a data breach. The FAQs remind consumers that if they believe a business has violated the CCPA, they may file a complaint with the AG’s office.
- Right to opt-out of sale. The FAQs answer common questions related to consumers’ requests for businesses not to sell their personal information. The FAQs provide information on the steps for submitting opt-out requests, as well as explanations for why a business may deny an opt-out request. It also address circumstances where a consumer receives a response from a service provider that says it is not required to act on an opt-out request.
- Right to know. The FAQs discuss a consumer’s right to know what personal information is collected, used, shared, or sold, and clarifies what consumers should do to submit requests to know, how long a business may take to respond, and what steps should be taken if a business requests more information, denies a request to know, or claims to be a service provider that is not required to respond.
- Required notices. The FAQs outline the disclosures that businesses must provide - i.e., the “notice at collection” and privacy policy. It also discusses the common places where notices at collection and privacy policies are located.
- Request to delete. The FAQs address several questions related to consumers’ right to delete personal information, including how to submit a request to delete, businesses’ responses to and denials of requests to delete, and why a debt collector may make an attempt to collect a debt or a credit reporting agency may provide credit information even after a request to delete has been made.
- Right to non-discrimination. Consumers are reminded that a business “cannot deny goods or services, charge. . .a different price, or provide a different level or quality of goods or services just because [a consumer] exercised [his or her] rights under the CCPA.”
- Data brokers. The FAQs set forth the definition of a data broker under California law and outline steps for consumers interested in finding data brokers that collect and sell personal information, as well as measures consumers can take to opt-out of the sale of certain personal information.
SBA updates guidance on collecting PPP lender processing fees
On July 13, the Small Business Administration (SBA) issued Procedural Notice 5000-20036 concerning Form 1502 that lenders must file in order to report fully disbursed Paycheck Protection Program (PPP) loans and request payment of eligible PPP processing fees. As previously covered by InfoBytes, the SBA began accepting Form 1502 on fully disbursed or cancelled PPP loans on May 22. Among other things, the notice provides updated guidance to lenders on (i) the amount of lenders fees the SBA will pay for processing PPP loans; (ii) the process for submitting Form 1502 and how to report loans that are fully disbursed or cancelled; (iii) the procedure for reporting PPP loans that are voluntarily terminated and repaid after disbursement; (iv) situations in which a lender is not eligible to receive a processing fee, as well as clawback circumstances; (v) lender service provider responsibilities; and (vi) ongoing PPP loan reporting requirements.
DOJ and SEC release second edition of FCPA resource guide
On July 3, the DOJ and SEC released an update to its longstanding joint FCPA guidance, A Resource Guide to the US. Foreign Corrupt Practices Act, Second Edition (the Guide), which was first released in 2012. The newest edition has been updated to reflect recent case law, insights into DOJ and SEC enforcement policies and practices, and examples of enforcement actions. While many aspects of the Guide remain the same, revisions were made to include new case law addressing the definition of a “foreign official” under the FCPA, as well as the FCPA’s jurisdictional reach and the foreign written laws affirmative defense. The agencies also incorporated their more recent policy statements designed to encourage cooperation and voluntary disclosures.
Recent case law is also discussed in the updated Guide, including the U.S. Court of Appeals for the Second Circuit’s decision in United States v. Hoskins (covered by InfoBytes here and here), which rejected the government’s argument for a broad interpretation of personal jurisdiction in FCPA cases and held that a non-resident foreign national lacking sufficient ties to a U.S. entity cannot be charged with conspiracy to violate the FCPA or with aiding and abetting an FCPA violation. Addressed as well are the U.S. Supreme Court’s recent decisions in Kokesh v. SEC and Liu v. SEC (covered by InfoBytes here and here) regarding the SEC’s forfeiture and disgorgement authority, and the statute of limitations.
Colorado amends and extends executive order relating to evictions
On July 12, the Colorado governor issued Executive Order 2020 134, which amends and extends Executive Order 2020 101, which imposed limitations on certain evictions to provide relief to tenants affected by Covid-19. Among other changes, the amendments require landlords to provide tenants with 30 days’ notice of any default for nonpayment of rent occurring on or after March 10, during which time the tenant has a one-time opportunity to cure the default. Municipalities and other local jurisdictions are encouraged to suspend limitations on, among other things, the number of unrelated persons that can live in a single household to enable homeowners to provide rooms to those in need of housing. Executive Order 2020 101 is extended until 30 days from July 12, 2020, unless otherwise extended.
SBA completes $20 billion in funding for EIDL Advance program
On July 11, the Small Business Administration announced the conclusion of the Economic Injury Disaster Loan (EIDL) Advance program after the agency allocated the full $20 billion appropriated by Congress. As previously covered by InfoBytes, the EIDL Advance program provided up to $10,000 ($1,000 per employee) of emergency economic relief to businesses that were experiencing temporary difficulties due to the Covid-19 pandemic. The emergency funds under the EIDL Advance program do not have to be repaid. While the EIDL Advance program is now discontinued, non-Advance EIDL loan applications are still being processed. These loans carry interest rates of 3.75 percent for small businesses and 2.75 percent for non-profits and have terms up to 30 years, with the first payment deferred for one year.
Pennsylvania governor authorizes state agencies to conduct remote administrative proceedings
On July 10, the Pennsylvania governor signed an executive order authorizing state agencies to conduct administrative proceedings remotely. State executive and independent agencies are authorized to (i) limit in-person access to administrative proceedings to protect the health and safety of agency personnel and members of the public and (ii) use video, telephonic, or other online conferencing equipment or services to conduct administrative hearings without the consent of the parties, at the discretion of the presiding officer or hearing examiner. The agencies must establish procedures for conducting in-person, video, and telephonic administrative hearings and publish them on the agency webpage. The order will remain in effect until the disaster emergency expires or is terminated.
California Department of Business Oversight will monitor licensees’ compliance with face covering guidance
The California Department of Business Oversight announced that it will monitor licensees’ compliance with face covering guidance issued by the California governor and the California Department of Public Health. All customers must be required to wear appropriate face coverings under circumstances outlined in the guidance, and those who refuse to comply and do not meet the outlined exemptions should be refused entry to banks, credit unions, and other places of business.
Vermont Department of Financial Regulation issues alert regarding mortgage assistance program
On July 10, the Vermont Department of Financial Regulation issued an industry alert highlighting the Vermont Covid Emergency Assistance Program, which makes available $5,000,000 to qualifying Vermont homeowners who have missed mortgage payments due to the Covid-19 emergency. Payments from the program will be made directly to mortgage servicers on behalf of qualifying consumer applicants. Upon payment, the mortgagor will no longer be considered to be liable with respect to those payments. Servicers are requested to provide a contact name for the company that the Vermont House Finance Agency may use in connection with the program.
Minnesota Commerce Department issues guidance related to temporary resident insurance producer licenses
On July 10, the Minnesota Commerce Department issued Regulatory Guidance 20-34, which provides information relating to the issuance of temporary resident insurance producer licenses. The Minnesota Department of Commerce will issue temporary producer licenses to applicants who meet the requirements for resident licensure under Minnesota law without requiring examination or the submission of fingerprints, subject to conditions set forth in the guidance. To apply for the license, the sponsoring insurer or agency must submit the application on behalf of the temporary producer licensee. The license will be valid for 180 days, it may not be renewed or reinstated if it lapses, and it may not be converted to a regular producer license.
Oklahoma amends order providing emergency relief
On July 10, the Oklahoma governor issued a second amended Executive Order 2020-20 extending the state of emergency. Among other things, the order extends all occupational licenses issued by an agency, board, or commission of Oklahoma that expire during the state of emergency until 14 days following the withdrawal or termination of the order.