Written Notice

News & Analysis as of

Ten Considerations when Terminating a Distributorship Relationship

It is always a difficult decision to terminate a distribution relationship, especially if it was long-standing and previously profitable. When making a termination decision, a manufacturer/supplier must be careful to ensure...more

ERISA Plan Can't Shrink Deadlines Without Providing Notice, Says 3rd Circuit Court of Appeals

The 3rd Circuit Court of Appeals just ruled that an ERISA plan can’t shorten the deadline for filing a legal action challenging a denial of benefits unless the participant receives written communication of the plan’s altered...more

President Signs Hospital Outpatient Observation Status “Notice” Act

On August 6, 2015, President Obama signed into law H.R. 876, the Notice of Observation Treatment and Implication for Care Eligibility Act. The new law requires hospitals to provide written and oral notification to Medicare...more

Senate Approves Hospital Outpatient Observation Status “Notice” Act

On July 27, 2015, the Senate approved H.R. 876, the Notice of Observation Treatment and Implication for Care Eligibility Act, clearing the measure for the President. H.R. 876 would require hospitals to provide written and...more

Outpatient Observation Status Bill Sent to President Obama

On July 27, 2015, the Senate approved by unanimous consent the Notice of Observation, Treatment and Implication for Care Eligibility (NOTICE) Act, H.R. 876. The NOTICE Act, if signed by President Obama, would amend title...more

You Can’t Just WISPer – Employers Must Publish or Display Security Policies

WISP is the acronym for Written Information Security Policy. The information at issue is an individual’s personal information and identifiers, such as a Social Security number, driver’s license number, credit or debit card...more

Newly-Enacted Texas Law Confirms Mechanism for Lenders to Unilaterally Rescind Acceleration

On June 17, 2015, Governor Greg Abbott signed House Bill 2067, which amends the Texas Civil Practice and Remedies Code to provide a clear mechanism for lenders to unilaterally rescind acceleration of a defaulted loan. ...more

Client Alert: New Florida Law Protecting Tenants in Foreclosure

New Florida Law Protecting Tenants in Foreclosure - On June 2, 2015, Florida Governor Rick Scott signed into a law a new statute titled "Termination of rental agreement upon foreclosure," which became effec­tive upon...more

Foreclosure Notices Subject to FDCPA, Federal Court Finds

Sending foreclosure notices to delinquent borrowers constitutes debt collection activity subject to the federal Fair Debt Collection Practices Act (FDCPA), a federal court in Nevada recently ruled. In Mallory v. McCarthy &...more

Righting a Wrong in West Virginia – The Residential Construction Right to Cure

In residential construction, problems can arise with customers that cause expensive litigation. In West Virginia, a right to cure in residential construction by statute can alleviate such costs. The statutory term is...more

Critical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects

Cemex v. Falcone Bros. On April 30, 2015, Arizona’s most common construction industry practice for serving a Preliminary Twenty Day Notice (“Prelim”) on an Arizona public project — first class mail with certificate of...more

Two Out of Three Ain’t Bad: Kansas District Court Certifies Settlement Class and Grants Preliminary Approval but Rejects Notice by...

A boy fell through the vinyl guardrail his father installed on the second story deck of their home. After settling his son’s personal injury claims, the father sued Home Depot and the guardrail manufacturer on behalf of...more

11th Circuit: Publication of Foreclosure Sale Notices Does Not Fall within Purview of FDCPA

Andrew D. Dunavant, Jr., and Mary Dunavant (the Dunavants) appealed the district court’s partial denial of their motion for summary judgment and its grant of the defendant’s motion for summary judgment. Dunavant v. Sirote &...more

New duty of disclosure regulations released

The regulation (Insurance Contracts Amendment Regulation 2015 (No. 1) (Cth)) setting out the new recommended wording for notifying customers of their duty of disclosure under s.22 of the Insurance Contract Act 1984 (Cth) came...more

Email Notice Without Consent Is Not Notice

The California General Corporation Law unequivocally authorizes the giving of notice of stockholder meetings by electronic transmission. Section 601(b) provides “Notice of a shareholders’ meeting or any report shall be given...more

No Need for Foreclosing Trustee To Record New Notice of Sale upon Third-Time Postponement, Nevada Supreme Court Holds

The Nevada Supreme Court recently interpreted a statute that governs the manner in which a foreclosing trustee can postpone a trustee’s sale. At issue was whether a trustee must record a new notice of sale upon orally...more

Supreme Court Provides TILA Home Loan Rescission Guidance

In a recent unanimous decision, the United States Supreme Court held that a borrower exercising her right to rescind a mortgage loan under the Truth in Lending Act (“TILA”) merely had to provide written notice of rescission...more

All Consuming - Legal Updates for Consumer Finance Professionals

In This Issue: - Supreme Court Provides TILA Home Loan Rescission Guidance - West Virginia Legislature Proposes Changes to the WVCCPA - Defeating Another Challenge to the Mortgage Electronic Registration...more

Construction Law Developments in 2015 Colorado Legislative Session

In the first two months of its 2015 session, the Colorado General Assembly has introduced two bills that could have a significant impact on construction law in Colorado....more

Delay and Disruption Claims: Big Impacts on Your Bottom Line

“Time is money” in construction. Owners, design professionals and contractors use time to calculate the impact of lost performance. Yet delay and disruption can be commonplace in construction projects. The reasons for the...more

D.C. Issues Pay Notice Templates for New Wage Theft Law

The D.C. Mayor’s office recently issued employee pay notices templates that employers may use to satisfy the pay notice requirements under D.C.’s new Wage Theft Prevention Amendment Act. The Act, which took effect on...more

Right of Rescission after Jesinoski v Countrywide

In a unanimous opinion, the Supreme Court held that providing a notice of rescission within the three-year period is timely and sufficient to trigger rescission within the meaning of 15 USC § 1635(f), the operative...more

District of Columbia Issues Template "Wage Theft Prevention Amendment Act" Notices

The District of Columbia’s new Wage Theft Prevention Amendment Act of 2014 (the Act), which became effective on February 26, 2015, requires employers to provide written notice to each employee based in D.C. containing...more

Business Litigation Alert: "Legal Considerations During Massive and Quick Layoffs"

Class Action Lawsuit Recently Filed Against Drilling Company for Alleged WARN Act Violations - The Worker Adjustment and Retraining Notification Act (“WARN”) requires certain companies who conduct large and quick...more

The Truth in Lending Act and Rescission: Lessons Learned by Lenders from Jesinoski v. Countrywide

The Supreme Court just made mortgage rescission a little bit easier for borrowers and scarier for lenders in Jesinoski v. Countrywide Home Loans. Under the Truth in Lending Act, 15 U.S.C. §1601-1677 (“TILA”), mortgage lenders...more

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