As mobile and digital technologies further expand, Bradley attorneys remain on top of the latest technological trends in business, law, and regulations that affect our clients’ industries. Our skilled attorneys work with clients to analyze existing and emerging technologies to provide advice on new products and services that are tailored to both the business goals of the client and the legal frameworks under which they operate.

Clients turn to us for our experience, since many of our lawyers have served on the front lines of this evolving area as regulators and in-house counsel. We have worked with clients in various industries on a broad range of electronic services matters, including online and mobile banking, mobile application technology, development of new digital products and services, electronic disclosures, third-party vendor management, new payment technologies, cloud sharing, data analytics, and security and privacy architecture.

Our Digital Services team works closely with other Bradley practice groups, including IP and Technology Transactions, Cybersecurity and Privacy, Corporate, Litigation, and others, to provide a complete range of legal services to our clients. This dynamic team approach helps clients stay in front of the complex legal issues affecting digital services.

Bradley attorneys work with clients from the outset of a new service, system, or relationship to negotiate the necessary operational, hardware, and software agreements. Our Digital Services team assists clients in all aspects of their vendor management processes so they can achieve efficiencies while providing the best services to their customers.

Our Digital Services team counsels clients with respect to various electronic payment system matters involving credit cards, debit cards, prepaid cards, electronic transactions, automated clearinghouse rules, treasury management agreements, and payment card security.

When a client seeks to offer a new online or mobile product or service, our legal team advises on all aspects of implementation, from regulatory requirements to advertising. We regularly advise clients on customer agreements and disclosures, as well as associated advertising, policies and procedures, and data retention. Our lawyers also assist clients in offering electronic agreements with regard to ESign and UETA compliance, in addition to other regulatory and legal issues.

When our clients offer online and other electronic promotions, our team helps navigate the various state and federal restrictions related to crafting contest rules and disclosures.

Bradley attorneys have years of experience in working collaboratively with our clients, primarily in the financial services industry. We understand not merely the applicable laws and regulatory requirements, but more significantly, we understand their businesses. This enables us to deliver solid, practical advice and counsel to help clients manage their operations successfully.

On a day-to-day basis, we assist clients with compliance involving a broad range of regulatory matters in connection with digital services projects, such as:

  • Electronic Signatures in Global and National Commerce Act (ESign)
  • Uniform Electronic Transactions Act (UETA) and corresponding state laws
  • Federal Financial Institutions Examinations Council (FFIEC) Cyberassessment Tool and Guidance
  • Unfair, Deceptive (Abusive) Acts and Practices (UDAAP/UDAP)
  • Gramm-Leach-Bliley Act (GLBA) and its Safeguards Rule
  • Right to Financial Privacy Act (RFPA)
  • Federal Trade Commission (FTC) Rules and Enforcement Actions
  • Fair Credit Reporting Act (FCRA) and its Fair and Accurate Credit Transactions Act (FACTA)
  • FACTA Red Flag Rules
  • Children’s Online Privacy Protection Act (COPPA)
  • Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM)
  • Truth in Savings Act (TISA/Reg DD)
  • Availability of Funds and Collection of Checks (Reg CC)
  • Telephone Consumer Protection Act (TCPA) and the Telemarketing Sales Rule
  • Truth in Lending (TILA/Reg Z), including Know Before You Owe TILA-RESPA Integrated Disclosures
  • (TRID)
  • Electronic Funds Transfer Act (EFTA)
  • Uniform Commercial Code (UCC) and comparable state statutes
  • National Automated Clearinghouse Association (NACHA) Rules and state ACH rules
  • Bank Secrecy Act and Anti-Money Laundering rules (BSA-AML)/FinCEN/Customer Due Diligence (CDD) Rule (2018)
  • PATRIOT Act