Wilson Barmeyer

Wilson Barmeyer

Sutherland Asbill & Brennan LLP

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Power Surge: TCPA Litigation and the Energy Industry

Few industries have been spared from the recent wave of class actions filed under the Telephone Consumer Protection Act (“TCPA”). The energy sector is no exception. ...more

3/18/2015 - Energy Sector Putative Class Actions Robocalling TCPA

Challenge to Delaware Unclaimed Property Estimation Methods Allowed to Proceed

A lawsuit challenging the unclaimed property estimation methodology used by the State of Delaware and its auditor Kelmar Associates will proceed, according to a ruling issued by a Delaware federal district court on March 11....more

3/13/2015 - Assessment Audits Due Process Preemption Unclaimed Property

Unclaimed Property Issues Under Debate as Uniform Law Commission Rewrites the Uniform Act

Proposed revisions to the Uniform Unclaimed Property Act were under debate this past week in Washington, DC as the Uniform Law Commission (ULC or Commission) Committee to Revise the Uniform Unclaimed Property Act (Drafting...more

3/4/2015 - Legislative Agendas Legislative Committees Unclaimed Property

Life Insurance Unclaimed Property Recommendations of the Uniform Law Commission Working Group

The Uniform Law Commission (ULC) Life Insurance Working Group (Working Group) has released its recommendations to revise the life insurance provisions of the Uniform Unclaimed Property Act of 1995 (1995 Uniform Act or...more

3/2/2015 - Insurance Industry Life Insurance Unclaimed Life Insurance Benefits Act Unclaimed Property

Redial: 2014 TCPA Year In Review – Analysis Of Critical Issues And Trends

In this Analysis: - New TCPA Rules Take Effect for Telemarketing Calls - Just the Fax: Recent TCPA Developments on Liability for Unsolicited Faxes and Fax Opt-Out Notices - TCPA Best Practices: Consent,...more

2/4/2015 - Best Practices Insurance Industry Opt-Outs Popular Prior Express Consent Robocalling TCPA Telemarketing Third-Party Risk Unsolicited Faxes

Broker-Dealers Face Unique Challenges Under Unclaimed Property Laws, Says New SIFMA White Paper

On January 23, 2015, the Securities Industry and Financial Markets Association (SIFMA) released a new white paper outlining the unique and varied challenges broker-dealers face when complying with state unclaimed property...more

1/29/2015 - Broker-Dealer Securities SIFMA Unclaimed Property White Paper

Ringing in the New Year: TCPA Hot Issues for 2015

The year 2014 saw a surge in class action filings under the Telephone Consumer Protection Act (TCPA). Record-setting class action settlements captured the headlines. The Federal Communications Commission (FCC) provided...more

1/19/2015 - Class Action Corporate Counsel FCC Prior Express Consent Robocalling TCPA Third-Party Liability

TCPA Class Action Against Insurance Agent Not Covered by Professional Liability Insurance

As class action filings under the Telephone Consumer Protection Act (TCPA) have continued to rise, so too have the number of disputes with commercial liability insurers over coverage for their insureds’ alleged TCPA...more

12/10/2014 - Class Action Commercial General Liability Policies Indemnification Policy Exclusions TCPA

Legal Alert: Just the Fax: Recent TCPA Developments on Liability for Unsolicited Faxes and Fax Opt-Out Notices

The end of October 2014 saw two significant developments for Telephone Consumer Protection Act (TCPA) rules governing facsimile transmissions, fax opt-out notices and liability for faxes sent by third parties....more

11/7/2014 - Advertising Faxes FCC Opt-Outs Prior Express Consent TCPA Third-Party Liability Unsolicited Faxes

TCPA Risks Increase for the Financial Services Industry

Companies in the financial services industry are being targeted in lawsuits brought under the Telephone Consumer Protection Act (TCPA). Record-setting class action settlements like the recent $75 million settlement involving...more

11/5/2014 - Capital One Class Action FCC Settlement TCPA

TCPA Best Practices: Consent, Compliance, Communication

SUTHERLAND’S THREE C'S: CONSENT, COMPLIANCE, COMMUNICATION - What is the TCPA? The Telephone Consumer Protection Act of 1991 (TCPA) protects consumers from unwanted telemarketing calls, prerecorded or autodialed...more

10/28/2014 - Chief Compliance Officers Compliance FCC TCPA

Massachusetts Treasurer Demands National Mutual Fund Records in Multistate Unclaimed Property Audit

Late this summer, the Massachusetts Treasurer demanded mutual fund records on a nationwide basis as part of a multistate unclaimed property audit. Thirty-five (35) states are involved in the audit, but the Treasurer has...more

10/9/2014 - Audits Death Master Files IRA Mutual Funds Social Security Adminstration Unclaimed Property

Legal Alert: Eleventh Circuit Reverses Outlier Decision on TCPA Prior Express Consent Standard

The U.S. Court of Appeals for the Eleventh Circuit has clarified the standard for “prior express consent” under the Telephone Consumer Protection Act (TCPA) in a September 29, 2014 decision reversing an outlier ruling by a...more

10/8/2014 - Appeals Cell Phones Corporate Counsel Debt Collection FCC Hobbs Act Prior Express Consent Putative Class Actions Robocalling TCPA

Final Deadline Imminent for Enrolling in Delaware VDA Program

The enrollment period for the Delaware Secretary of State’s Voluntary Disclosure Agreement Program (the Delaware VDA Program) for unclaimed property reporting closes next week on September 30, 2014. Delaware has previously...more

9/23/2014 - Audits Deadlines Enrollment Reporting Requirements Unclaimed Property

TCPA Hot Issues - TCPA Restricts Autodialed Calls, but Courts Split on Meaning of Autodialer

To autodial or not autodial, that is the question. The Telephone Consumer Protection Act (TCPA) defines autodialer as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or...more

9/23/2014 - ATDS Corporate Counsel FCC Robocalling TCPA

TCPA Hot Issues: Is the Scope of Consent Unlimited?

What constitutes valid consent under the Telephone Consumer Protection Act? A hot issue in TCPA litigation is the scope of consent necessary to place automated calls to consumers where the consumer has provided a cell phone...more

9/4/2014 - Cell Phones Consent Corporate Counsel FCC TCPA

For Whom the Ring Tones: TCPA Litigation and the Insurance Industry

Insurance companies are increasingly the subject of Telephone Consumer Protection Act (TCPA) lawsuits. Any insurance company that communicates with its customers, job applicants, and others by phone or text using an automated...more

8/26/2014 - FCC Popular Robocalling TCPA Texting Unsolicited Phone Calls

Legal Alert: Multi-Million Dollar Settlements Prompt Record Filing of TCPA Lawsuits

High-dollar settlements of class actions filed under the Telephone Consumer Protection Act appear to have prompted the filing of a record number of new TCPA cases in federal courts nationwide. In the largest TCPA settlement...more

8/13/2014 - Capital One Class Action Robocalling Settlement TCPA Telemarketing

Florida Court of Appeal Holds Insured’s Death Alone Does Not Trigger Unclaimed Property Law Obligations

In an opinion filed August 5, Florida’s First District Court of Appeal held that Florida’s unclaimed property law does not make life insurance proceeds due and payable at the time of the insured’s death and does not impose an...more

8/7/2014 - Insureds Life Insurance Unclaimed Property

Idaho Unclaimed Property Rule: Insurers Must Confirm Whether Insureds Have Died

In a recently issued notice of rulemaking, the Idaho State Treasurer’s Office has proposed a temporary rule that, if permanently adopted, would alter two key definitional provisions in the state’s unclaimed property laws...more

7/2/2014 - Abandonment Annuities Life Insurance Proposed Regulation Unclaimed Property

First Circuit: Proof of Death Prerequisite to Payment of Life Benefits

The U.S. Court of Appeals for the First Circuit has confirmed that proof of death is a reasonable requirement for payment under a life insurance policy, and is a prerequisite to monies becoming “payable” under unclaimed...more

5/29/2014 - Class Action Denial of Benefits Life Insurance

Life Insurance Unclaimed Property Litigation in 2014: Will Regulator Positions Withstand Judicial Scrutiny

Amidst ongoing multistate unclaimed property audits of many life insurers, and despite many regulatory settlements, the insurance industry and state regulators continue to disagree over the application of unclaimed property...more

5/27/2014 - Death Master Files Life Insurance Preliminary Injunctions Unclaimed Property

TCPA Hot Issues: If Consent is Not Forever, What Constitutes Revocation?

One of the hot issues in pending litigation under the Telephone Consumer Protection Act (TCPA) is whether a consumer can revoke consent to receive calls on a cell phone. A number of courts have recently held that a consumer...more

5/16/2014 - Cell Phones Consent FCC Prior Express Consent Revocation TCPA

Cost of Insurance Litigation -- District Court Says Stick to Enumerated Factors

In a class action challenging a cost of insurance (COI) rate increase, a New York federal district court has stated that an insurer may only consider factors specifically enumerated in the policy when raising COI rates on a...more

5/1/2014 - Class Action COI Rates Premiums Summary Judgment

The CFPB Releases Its “Data Point” Report on Payday Lending

On March 25, 2014, the Consumer Financial Protection Bureau (CFPB) released its second report on payday lending. This report followed a white paper on payday lending and deposit advance products that the CFPB issued in April...more

4/3/2014 - CFPB Payday Loans

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