On September 21, a federal judge in the U.S. District Court for the District of Maryland denied class certification in a putative class action under the Telephone Consumer Protection Act (TCPA), which restricts automated and prerecorded calls to cell phones. The opinion centered around prerecorded appointment reminder calls, offering a useful roadmap for defendants facing similar “robocall” class claims.
On September 17, the U.S. Court of Appeals for the Second Circuit handed down a fantastic ruling for payors defending against private enforcement of No Surprises Act (NSA) independent dispute resolution (IDR) payment determinations. In East Coast Advanced Plastic Surgery, LLC v. Cigna Health & Life Insurance Co., the court held that the NSA does not create a private right of action allowing out-of-network providers to sue health plans that fail to pay IDR payment determinations.
On September 8, the Department of Labor’s Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin No. 2026-03, outlining how it will enforce the Mental Health Parity and Addiction Equity Act’s (MHPAEA) nonquantitative treatment limitation (NQTL) requirements going forward. The bulletin follows through on EBSA’s January 2026 announcement identifying mental health/substance use disorder (MH/SUD) benefit barriers as a national enforcement priority, and responds to sustained industry complaints that prior NQTL enforcement and comparative analyses requirements created confusion and unnecessary compliance burdens.
In a significant en banc decision issued on August 11, 2026, the U.S. Court of Appeals for the Fifth Circuit largely affirmed a district court ruling that invalidated key portions of the federal agencies’ rules governing the calculation of the “qualifying payment amount” (QPA) under the No Surprises Act (NSA). The court’s decision has major implications for how insurers calculate the benchmark rate at the center of the NSA’s independent dispute resolution (IDR) process.
On August 26, the Federal Trade Commission (FTC) announced updated fees for telemarketers to access phone numbers listed on the National Do Not Call (DNC) Registry for Fiscal Year 2027, which begins October 1, 2026.
All telemarketers calling consumers in the U.S. are required to download and cross-reference numbers listed on the National DNC
On May 21, a panel of the Seventh Circuit Court of Appeals heard argument in Steidinger v. Blackstone Medical Services on whether text messages are covered as “telephone calls” in § 227(c)(5) of the Telephone Consumer Protection Act (TCPA). While questions asked by judges during oral arguments are no guarantee of how the court will ultimately rule, Judge Thomas K. Kirsch II and Judge Doris L. Pryor appeared skeptical of the plaintiff’s position that Congress intended “telephone call” to include text messaging in 1991. Judge Nancy L. Maldonado did not ask any questions. While we will need to wait for the decision, there is an excellent chance that the panel will hold that plaintiffs cannot sue over marketing text messages under § 227(c)(5), creating a potential circuit split with the Ninth Circuit’s opinion in Howard v. Republican National Committee that will need to be decided by the U.S. Supreme Court.
On April 30, the Federal Communications Commission (FCC or Commission) released a Further Notice of Proposed Rulemaking (FNPRM) that would significantly tighten “Know-Your-Customer” (KYC) obligations for originating voice service providers. The Advanced Methods to Target and Eliminate Unlawful Robocalls (CG Docket No. 17‑59) is the latest step in the Commission’s effort to attack illegal calls “at every point in their lifecycle.”
Recently, the Sixth Circuit issued a significant ERISA preemption ruling for employers and pharmacy benefit managers (PBMs). The court held that Tennessee’s PBM laws, which require “any willing” pharmacy access and limiting incentives that steer members to plan‑favored pharmacies, are preempted as applied to self‑funded ERISA plans. The ruling draws a clear line between permissible PBM cost regulation and impermissible interference with plan design and administration.
The Fourth Circuit has affirmed a preliminary injunction barring enforcement of West Virginia’s S.B. 325, which sought to restrict how drug manufacturers implement contract pharmacy policies under the federal 340B Drug Pricing Program. In a published decision, the court held that manufacturers are likely to succeed on their claim that S.B. 325 is preempted because it impermissibly rewrites the “bargain” Congress struck with manufacturers under its spending power and interferes with the Health and Human Services’ (HHS) exclusive enforcement role.
On March 20, Federal Trade Commission (FTC) Chairman Andrew N. Ferguson issued a memorandum directing the creation of an internal Healthcare Task Force. The directive underscores that healthcare remains a top enforcement and policy priority for the FTC, reflecting the Administration’s focus on a “more competitive, innovative, affordable, and higher quality healthcare system.”