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#22155 - 06/27/02 06:29 PM To make you feel good you don't do buz in CA
Michelle D Offline
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Michelle D
Joined: Oct 2001
Posts: 313
Terminator Country
As if it's not enough that the courts in this state are nuts, I recently posted this in the CA state section, but I thought that the rest of you may want use this as a reason to make sure you management reconsiders doing business in CA, because that's what the state is trying to do!

Here's the latest from the LOCO state:

You may have heard by now that the Daly City City Council took action Monday night to draft their own financial privacy opt-in ordinance for consideration. Daly City happens to be in Senator Jackie Speier's district. Added to San Francisco, that makes two local jurisdictions drafting their own financial privacy ordinances. Expect other cities to join the parade. It is clear that the privacy proponents strategy has shifted to the local level in the hopes of putting pressure on the industry to seek a "preemptive" state ordinance (SB 773). The cities believe that the GLBA provision granting authority to the state does not prohibit cities from taking action since the state does not preempt local action.

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General Discussion
#22156 - 06/27/02 07:06 PM Re: To make you feel good you don't do buz in CA
D2Xs Offline
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D2Xs
Joined: Jan 2002
Posts: 2,706
Don't be surprised if a state "Opt-In" law happens to pass next time around. The ill-informed citizens of North Dakota here killed our GLB compliant law that passed last year by voting to go back to the old "Opt-In" law of almost 20 years past(1985). We know this is a complicated issue but all the Privacy advocates have to say to get the votes is "Do you want them to sell your information? Because they can!" That's what scared everyone here to vote to reinstate the old law.
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#22157 - 06/28/02 02:31 PM Re: To make you feel good you don't do buz in CA
SMQ, CRCM Offline
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SMQ, CRCM
Joined: Apr 2001
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Between the lines
Wouldn't a national bank's charter pre-empt the local law?
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#22158 - 06/28/02 02:58 PM Re: To make you feel good you don't do buz in CA
Andy_Z Offline
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Andy_Z
Joined: Oct 2000
Posts: 27,748
On the Net
Nope.

__.17 Relation to State laws.
(a) In general. This part shall not be construed as superseding, altering, or affecting any statute, regulation, order, or interpretation in effect in any State, except to the extent that such State statute, regulation, order, or interpretation is inconsistent with the provisions of this part, and then only to the extent of the inconsistency.

(b) Greater protection under State law. For purposes of this section, a State statute, regulation, order, or interpretation is not inconsistent with the provisions of this part if the protection such statute, regulation, order, or interpretation affords any consumer is greater than the protection provided under this part, as determined by the Federal Trade Commission, after consultation with the Board, on the Federal Trade Commission’s own motion, or upon the petition of any interested party.
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#22159 - 06/28/02 03:18 PM Re: To make you feel good you don't do buz in CA
D2Xs Offline
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D2Xs
Joined: Jan 2002
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Andy is right.

Since we are a national charter the biggest issue our lawyers are working on is the exportation of North Dakota law. Our Attorney General declined to opine on this.
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