General Business Insurance Consumer Protection

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FTC Commissioner Criticizes Proposed Legislation That Would Permit Health Providers to Negotiate Jointly with Health Insurers

In a February 26 speech before the Connecticut Bar Association, Federal Trade Commissioner Maureen Olhausen expressed strong opposition to proposed legislation that would create an antitrust exemption for collective...more

Cyber breach insurance: What, me worry? - Part of counsel’s job may be to ensure that the department in the company that “owns”...

One of us recently asked an in-house counsel friend in charge of litigation for a major company what questions he had about cyber insurance. His response, besides a blank look, was “I’m sure someone else in the company...more

Laying Down the Law: Illinois Appellate Courts Confirm Insurance Coverage in TCPA Cases

The threat to many American businesses posed by the Telephone Consumer Protection Act of 1991 (“TCPA”) (47 U.S.C. § 227(b)) is undeniable. A typical alleged violation of the TCPA may consist of sending a fax without the...more

Illinois Appellate Court Holds Insurer Liable for TCPA Class Action Settlement

Adding to the already fragmented judicial approach to insurance coverage for Telephone Consumer Protection Act claims, an Illinois appellate court has held that an insurance company is responsible for covering a $1.7 million...more

Three, Two, One, Blast Off! Illinois Court Finds Coverage for Blast Fax TCPA Violations

Last year, the Illinois Supreme Court held statutory damages of $500 per occurrence for violations of the Telephone Consumer Protection Act (TCPA) were not punitive in nature and reversed an Illinois appellate court decision...more

Prudential Regulators Clarify Supervisory Approach Relative to CFPB Mortgage Regulation

The Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the National Credit Union Administration, and the Office of the Comptroller of the Currency (the “Prudential Regulators”) have...more

TCPA Connect -- Nov 13, 2013

Consent Too Varied to Certify TCPA Class, Court Rules - Hilton Worldwide Inc. scored a victory in California federal court when a judge declined to certify a class of millions of consumers in a TCPA suit. The...more

Insurance Recovery Law -- Nov 14, 2013

In A New York State Of Mind . . . For Expanded Vandalism Coverage - Why it matters: Property owners in New York with coverage for vandalism will be pleased with the Georgitsi Realty LLC v. Penn-Star Insurance Company...more

Recent Court Decisions Concerning Unclaimed Life Insurance Benefits Can Assist Insurers in Defending Regulatory Audits and Future...

Perhaps the most significant litigation, regulatory and compliance issues facing life insurance companies can be found in the unclaimed property audits, multi-state regulatory settlements and class action lawsuits surrounding...more

Financial Services Law -- Nov 08, 2013

FDIC Cautions Financial Institutions About D&O Insurance - Noting a rise in the use of exclusions in insurance policies for executives at financial institutions, the Federal Deposit Insurance Corporation urged banks to...more

Insurance Coverage for "Unauthorized Recording" Privacy Lawsuits

A California law against unauthorized recording is spawning consumer class action lawsuits against companies across the country. The statute provides for a $2,500 fine per violation and potential imprisonment for a "person...more

TCPA Connect -- Oct 16, 2013

It's TCPA Day - It's October 16—"TCPA Day." Today the FCC’s updated Telephone Consumer Protection Act (TCPA) regulations will finally take effect. The new rules pose significant challenges for companies seeking to...more

Don’t Let Liability Exposure Be The Grinch That Ruins Your Holiday Season

With the holiday season quickly approaching, it’s a particularly good time to check your internal procedures. As you are certainly aware, a disappointed customer, or worse, an injured user, can assert claims against...more

Bad Faith Sentinel - August 2013

In This Issue: - Eastern District of Pennsylvania: Insurer’s “Paid When Incurred” Practice is Not Bad Faith or a Violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law - California Court...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - August 16, 2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - PAYMENTS - INSURANCE - E-COMMERCE - Excerpt from...more

New Mortgage Servicing Rules Affecting Community Banks

The Consumer Financial Protection Bureau (CFPB) issued new Mortgage Servicing Rules that will take effect on January 10, 2014. These rules apply to any “closed-end consumer credit transaction secured by a dwelling.” The new...more

From Insurer's Shield to Insured's Sword: California Supreme Court Authorizes Policyholder Unfair Competition Law Claims for...

On August 1, 2013, the California Supreme Court ruled in Zhang v. The Superior Court of San Bernardino County, No. S178542 (Cal. Aug. 1, 2013) that insurance practices violating the state’s Unfair Insurance Practices Act...more

Commenters urge CFPB to revise proposed changes to Reg Z prohibition on financing credit insurance premiums

Earlier this month, the CFPB issued a proposal to clarify the application of the Regulation Z prohibition on financing credit insurance premiums (Section 1026.36(i)) to transactions in which credit insurance premiums are...more

CFPB’s proposed changes to prohibition on financing credit insurance premiums fall short

The CFPB’s proposed changes to the Regulation Z prohibition on financing credit insurance premiums (Section 1026.36(i)) fall short of industry expectations that the CFPB would clarify that level and levelized premiums are...more

Uncertainty Remains Under CFPB's Proposed Changes to Prohibition on Financing Credit Insurance Premiums

The CFPB has proposed changes to the Regulation Z prohibition on financing credit insurance premiums (Section 1026.36(i)) as part of several new proposed amendments to the mortgage rules it adopted in January 2013....more

New York Assembly Presents Insurance Reform Overhaul in Wake of Superstorm Sandy

We previously reported on the New Jersey Legislature’s attempts to enact a bill that would allow policyholders to sue an insurer for bad faith in the wake of Superstorm Sandy. New Jersey Assembly Bill A3710 is still...more

Homeowner’s Insurance Anti-Concurrent Causation Clause – Prohibited

On June 1, 2013 House Bill 695 will take effect in Maryland. The bill, although the title seems harsh, does not eliminate or prohibit the inclusion of the Anti-Concurrent Causation Clause in the homeowner’s insurance...more

Inroducing the Insurance Contracts Amendment (Unfair Terms) Bill 2013 - (Australia)

Following on from our recent entry, the draft Insurance Contracts Amendment (Unfair Terms) Bill 2013 has now been released for public consultation. It aims to 'give consumers protection against unfair contract terms in...more

FCA Publishes Undertaking by Equitable Life Regarding Unfair Contract Terms

On May 31, the FCA published an undertaking given by the Equitable Life Assurance Society under the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) (UTCCRs), relating to the fairness of a disclaimer in a...more

CA Supreme Court to Decide If Insurance Companies Can Be Sued under the Unfair Competition Law

On Wednesday, May 8, 2013, the California Supreme Court heard oral arguments on the state’s Court of Appeal decision in Zhang v. Superior Court (California Capital Insurance Company), 100 Cal.Rptr.3d 803 (2009) (previously...more

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