As the Federal Communications Commission (FCC) considers whether DentalPlans.com’s (DentalPlans) plan renewal calls constitute telemarketing under the Telephone Consumer Protection Act (TCPA), multiple interested parties, including the National Consumer Law Center (NCLC) and the Professional Associations for Customer Engagement (PACE), have submitted comments weighing in on DentalPlans’ petition.
As we discussed here, DentalPlans filed
Under ERISA claims procedure regulations, group health plans must provide a “full and fair” review of all claims submitted by plan participants. These claims procedure regulations provide a list of minimum standards, including determinations within a certain timeframe, specific content requirements of adverse notifications, and the opportunity to submit evidence through an internal administrative appeal
On January 19, a California Court of Appeals issued a decision calling into question the evidentiary value of electronic signatures. Dicta in the opinion directly contradicts a previous ruling in Gamboa v. Northeast Community Clinic, where the court stated the difference between physical and electronic signatures is a “distinction without a legal difference” because
In Snyder v. LVNV Funding LLC, et al., the plaintiff filed a putative class action lawsuit against LVNV Funding LLC (LVNV) and Sequium Asset Solutions, LLC (SAS), alleging a letter from SAS offering a settlement of her debt violated sections 1692e(2)(A) and 1692g(a)(1) of the Federal Debt Collection Practices Act (FDCPA). The court held
On February 1, the Centers for Medicare & Medicaid Services (CMS) published a final rule strengthening their authority to recover alleged overpayments made to Medicare Advantage plans. The rule formalizes the Medicare Advantage Risk Adjustment Data Validation (RADV), which CMS uses to risk-adjust payments made by CMS to a Medicare Advantage Organization (MAO). While legal
As previously reported here, the Federal Communications Commission (FCC) issued a proposed rule specifying that to be exempt from the Telephone Consumer Protection Act’s (TCPA) consent requirements callers would be limited to three prerecorded non-commercial, non-telemarketing, or non-profit calls per 30 days, or three calls per week (one per day) for healthcare-related calls, and
As previously reported here, the Federal Communications Commission (FCC) issued a proposed rule in December 2020 that would place new call-frequency limitations and opt-out requirements on certain prerecorded non-telemarketing calls to residential numbers that can be called without prior consent under the Telephone Consumer Protection Act (TCPA). The TCPA has long allowed unlimited prerecorded
In October 2022, the Tenth Circuit heard oral argument in D.K. et al. v. United Behavioral Health et al., a case that could significantly impact what health plans must include in any notification to claimants of an adverse benefit determination, i.e. benefit denial letters.
Under ERISA’s claims procedure regulations, there is an express list
On January 9, the district court for the Eastern District of New York dismissed a pro se plaintiff’s TCPA lawsuit for failure to properly allege that the defendants used an automatic telephone dialing system (ATDS) when placing calls to the plaintiff.
In Kannon v. Warranty Protection Services, the plaintiff alleged that the auto warranty
Allowable statutory damages under the Telephone Consumer Protection Act (TCPA) have a floor of $500 and, generally speaking, determining total damages is a simple math calculation. In the class action scenario, however, this damages number can become very significant very quickly. But a recent decision by the Ninth Circuit suggests that, in some circumstances, an