On September 9, the U.S. District Court for the District of Nevada granted summary judgment in favor of a debt collector in a case involving alleged violations of the Fair Debt Collection Practices Act (FDCPA) and the...more
On May 31, the U.S. Court of Appeals for the Ninth Circuit published an opinion in Bristol SL Holdings Inc. v. Cigna Health and Life Insurance Co., which has significant implications for the healthcare industry.
Originally...more
The White House has finalized the new Mental Health Parity rule, which focuses on increasing access to mental health/substance use disorder treatment through nonquantitative treatment limitations (NQTL) data and reporting,...more
A U.S. District Court in the Western District of Oklahoma recently dismissed a lawsuit under the Fair Debt Collections Practices Act (FDCPA) for lack of Article III standing, finding the plaintiff did not actually dispute the...more
On August 27, the Federal Trade Commission (FTC) announced an update to the fees telemarketers must pay to access phone numbers on the National Do Not Call (DNC) Registry for the fiscal year 2025. The revised fees will take...more
In a recent ruling, a U.S. District Court for the Central District of California granted a defendant’s motion to dismiss a complaint brought under the Telephone Consumer Protection Act (TCPA). The complaint alleged that the...more
8/27/2024
/ ATDS ,
Auto-Dialed Calls ,
Do Not Call List ,
Failure To State A Claim ,
Hiring & Firing ,
Motion to Dismiss ,
Robocalling ,
Solicitation ,
Statutory Interpretation ,
TCPA ,
Text Messages ,
Voicemail
The U.S. Court of Appeals for the District of Columbia Circuit recently dismissed an appeal in the case of Lewis v. Becerra, Secretary of the United States Department of Health and Human Services (HHS). The appellants sought...more
8/16/2024
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Class Representatives ,
Department of Health and Human Services (HHS) ,
Injury-in-Fact ,
Judicial Review ,
Medical Reimbursement ,
Medicare ,
Standing
In a win for health care providers, on August 2, the Fifth Circuit Court of Appeals affirmed a Texas federal judge’s grant of summary judgment in favor of the Texas Medical Association and LifeNet, an air ambulance company,...more
A U.S. District Court in the Eastern District of Missouri recently dismissed a lawsuit under the Fair Debt Collections Practices Act (FDCPA), finding that two letters sent to the plaintiffs’ attorney did not constitute...more
A U.S. District Court for the District of Maryland recently denied summary judgment in a case under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed to show it received prior express written...more
On May 31, the Ninth Circuit Court of Appeals published an opinion in Bristol SL Holdings, Inc. v. Cigna Health and Life Insurance Company, which has significant implications for the healthcare industry, most notably by...more
The Court of Appeals of Indiana recently upheld a lower court’s decision that a debt buyer who purchased a portfolio of defaulted student loans and placed an account with a collection agency qualifies as a “debt collector”...more
In Soliman v. Subway Franchisee Advertising Fund Trust, Ltd, the plaintiff alleged that the defendant violated the Telephone Consumer Protection Act (TCPA) by sending a text message to her cell phone using an automatic...more
5/16/2024
/ Algorithms ,
ATDS ,
Auto-Dialed Calls ,
Dismissals ,
Phone Numbers ,
Putative Class Actions ,
Robocalling ,
Statutory Interpretation ,
Subway ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
The U.S. Court of Appeals for the Third Circuit has recently underscored the fact that a plaintiff does not automatically gain Article III standing under the Fair Debt Collections Practices Act (FDCPA) simply because they are...more
5/8/2024
/ Article III ,
Creditors ,
Debt ,
Debt Collection ,
FDCPA ,
Financial Services Industry ,
Injury-in-Fact ,
Putative Class Actions ,
Remand ,
Standing ,
Vacated
In March, a district court in the Eastern District of California followed other courts holding that an undated, model form debt validation notice does not violate the Fair Debt Collection Practices Act (FDCPA). Specifically,...more
On April 2, the California Senate Judicial Committee passed Senate Bill 1061. The bill seeks to prevent health care providers and contracted collection agencies from providing information about patients’ medical debt to...more
4/8/2024
/ California ,
Credit Cards ,
Credit Reporting Agencies ,
Credit Reports ,
Data Collection ,
Healthcare ,
Medical Debt ,
Personal Data ,
Proposed Legislation ,
Regulatory Agenda ,
State and Local Government ,
State Attorneys General
A U.S. district court in the Eastern District of New York recently denied a motion for summary judgment filed by a credit card issuer because the plaintiff alleged identity theft and a reasonable factfinder could determine...more
On February 15, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). The adopted Report and Order and Further Notice of...more
As federal student loan repayments resume after a three-year pause due to the COVID-19 pandemic, the Consumer Financial Protection Bureau (CFPB) published an Issue Spotlight on student borrowers’ experiences, using consumer...more
2/14/2024
/ Borrowers ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Debt Collection ,
Federal Student Loans ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Loan Repayment Issues ,
Regulatory Agenda ,
Students
In Perrong v. Chase Data Corp., et al., a court in the Eastern District of Pennsylvania recently ruled that no personal liability attaches to the owner of a company for Telephone Consumer Protection Act (TCPA) violations....more
Yesterday, the Federal Communications Commission (FCC) issued a unanimous ruling that the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voices” apply to AI technology that...more
2/9/2024
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Consent ,
Consumer Privacy Rights ,
FCC ,
Financial Services Industry ,
Notice of Inquiry ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging...more
2/1/2024
/ Automotive Loans ,
Banks ,
Class Action ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Debt Collection ,
Digital Assets ,
Fair Lending ,
Financial Services Industry ,
FinTech ,
Mortgages ,
Student Loans ,
Tribal Loans ,
Uniform Commercial Code (UCC)
The U.S. Supreme Court's 2021 decision in Facebook Inc. v. Duguid resolved a long-standing circuit split over the definition of an automatic telephone dialing system, or ATDS, under the Telephone Consumer Protection...more
1/18/2024
/ ATDS ,
Auto-Dialed Calls ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
TCPA ,
Telemarketing ,
Text Messages
A magistrate judge in the Northern District of Georgia recently recommended granting summary judgment in a Fair Credit Reporting Act (FCRA) case in favor of a background reporting company on the grounds that a report given...more
A U.S. District Court in the Southern District of California recently held that a Federal Rule of Civil Procedure 68 offer of judgment must clearly state that attorneys’ fees and costs are limited or waived, as Arvest Central...more
12/7/2023
/ Attorney's Fees ,
CA Supreme Court ,
Consumer Credit Reporting Agencies Act (CCRAA) ,
Consumer Litigation ,
Credit Reports ,
Damages ,
Fair Credit Reporting Act (FCRA) ,
Federal Rules of Civil Procedure ,
Financial Services Industry ,
Forbearance Agreements ,
Mortgages ,
Offer of Judgment ,
Rule 68 ,
Statutory Violations