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Today is: March 19, 2024  
 
 

  

Monthly Telephone Briefing

BCG offers its members monthly Telephone Briefings on legal and regulatory matters. Also, you have the option to listen to audio presentations of meetings archived for up to 12 months after their original presentation dates. This benefit is called, “Listen While You Work.” You simply select a topic, minimize the screen, and listen to a streaming audio presentation while you work at your desk.

Please feel free to sign up annually, register for the next scheduled BCG Monthly Telephone Briefing or download an archived Handout below.

 

BCG Monthly Telephone Briefing Schedule 2024
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
19 16 15 19 17 21 19 16 20 18 15 20

 

Current BCG Monthly Telephone Briefing Topic(s)

 

Recent Developments on Contractual Provisions to (Re)Consider:
Non-Disparagement and 
Arbitration Clauses

Friday, March 15, 2024
12:00 - 1:30 p.m.

Consumer contracts for goods and services are constantly under scrutiny, particularly in California. Regulators (as well as the courts) have historically not been shy about weighing in as to whether certain types of provisions should be or should not be allowed in consumer contracts. Therefore, it is helpful to stay informed of developments or trends in this area as the law is constantly a moving target. 
 
There have been two recent developments involving non-disparagement and arbitration clauses in consumer contracts that may be of interest to BCG Members. In November 2023 two very similar lawsuits were filed against banks arguing that non-disparagement clauses in their online contracts were illegal under California law. Additionally, on February 13, 2024, a California court held an arbitration clause in an online terms of service was enforceable.
 
Please join us at the March Monthly Telephone Briefing when we will discuss these two developments and their potential impact on consumer contracts moving forward. Download handout here!
 

Friday, March 15, 2024
12:00 - 1:30 p.m.

The California Consumer Privacy Act (CCPA) remains one of the most comprehensive privacy statutes in the United States. While the law was enacted in 2018, the CCPA has been in an almost constant state of change since it was first introduced. For instance, the final regulations implementing the CCPA (as amended by the CPRA) did not become final until March 29, 2023. 
 
Financial institutions need to start getting prepared because another round of CCPA changes are on the horizon. As part of its supervisory responsibilities, the California Privacy Protection Agency (CPPA) is required to issue regulations that address the following topics: (i) privacy risk assessments (PRA); and (ii) regulations governing access and opt-out requirements when a business uses “automated decision-making technology” (ADMT). The CPPA did not specifically address these topics in the initial set of regulations finalized last March. However, on February 10, 2023, the CPPA announced it had begun its formal rulemaking process to address
these issues.
 
The CPPA has published draft regulations addressing businesses’ use of ADMT and PRA requirements. While these regulations have not been formally adopted, they set forth a new proposed regulatory framework that would likely impose significant new compliance burdens on many financial institutions. It also provides a glimpse into how other regulators may approach regulating artificial intelligence in the future (which would qualify as a form of ADMT).
 
Please join us for the March Monthly Telephone Briefing where the status of the CPPA’s ADMT and PRA regulations will be discussed in detail. Download handout here!
 
 
 
 
 
 

 

 

 

* Janet Bonnefin is retired from the practice of law with the firm.
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