Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: April 8, 2016
The Firm
201-896-4100 info@sh-law.com
Monmouth County businesses have another “cybercop” to worry about. The Consumer Financial Protection Bureau (CFPB) recently pursued its first cybersecurity enforcement action, alleging that Dwolla, Inc., an online payment platform, misled consumers about its data security practices.
Dwolla operates an online payment system with more than 650,000 users and conducts transactions of more than $5 million per day. For each account, Dwolla collects personal information including the consumer’s name, address, date of birth, telephone number, Social Security number, bank account and routing numbers, a password, and a unique 4-digit PIN.
According to the CFPB, Dwolla failed to employ reasonable and appropriate measures to protect data obtained from consumers from unauthorized access, although it represented to consumers that its data-security practices “surpass” or “exceed” industry standards. Most notably, the company allegedly failed to encrypt sensitive consumer information stored on its servers and released applications without conducting sufficient security testing. Although Dwolla maintained that its transactions, servers, and data centers were compliant with the Payment Card Industry (PCI) Security Standard, the CFPB alleged that Dwolla’s data security practices in fact, fell far short.
In pursuing the enforcement action, the CFPB relied on its authority under the Dodd-Frank Wall Street Reform and Consumer Protection Act, which empowers the agency to take action against institutions engaged in unfair, deceptive or abusive acts or practices, or that otherwise violate federal consumer financial laws. The agency based the action on the company’s misrepresentations to consumers rather than any deficiency in its cybersecurity practices.
To resolve the enforcement action, Dwolla agreed to pay a penalty of $100,000 and entered into a five-year consent agreement. The consent order requires Dwolla to adopt and implement reasonable and appropriate data-security measures to protect consumers’ personal information on its computer networks and applications. More specifically, the company must:
Pursuant to the consent order, Dwolla’s Board of Directors is tasked with ensuring compliance going forward. The agreement specifically states that the “Board will have the ultimate responsibility for proper and sound management of Respondent and for ensuring that it complies with Federal consumer financial law and this Consent Order.”
The CFPB will be policing businesses under its purview to make sure they have “reasonable” cybersecurity policies and procedures in place. As highlighted in the consent order, the CFPB believes that businesses should be conducting bi-annual risk assessments, regularly reviewing customer-facing privacy policies to ensure they match current practices, and involving the highest levels of management, including the board of directors, in all cybersecurity-related decisions.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing. A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]
Author: Patrick T. Conlon

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
Author: Bryce S. Robins

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Author: Jesse M. Dimitro

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!