On April 27, the U.S. Supreme Court held that the federal government is on the hook for $12 billion it failed to pay insurers under the Affordable Care Act (ACA) risk-mitigation program known as the Risk Corridors Program. The decision, Maine Community Health Options v. United States, likely has significant implications for ongoing litigation
The American Council on Education Calls for Extended Student Loan Relief
Earlier this week, the American Council on Education (“ACE”) wrote a letter to Speaker of the House Nancy Pelosi (D-Calif.) and Minority Leader Kevin McCarthy (R-Calif.) requesting extended student loan relief on behalf of more than 30 higher education organizations. In the letter, which focuses on the likely long-term economic impact of the coronavirus (“COVID-19”)
Now That’s a Circuit Split: 2nd Circuit Cozies up to the 9th Circuit, and Disagrees With the 7th and 11th Circuits, on the Definition of Autodialer Under the TCPA
On April 7, 2020, the Second Circuit added more uncertainty to the Telephone Consumer Protection Act (“TCPA”) with its decision on the meaning of an automatic telephone dialing system (“ATDS”) in Duran v. La Boom Disco, Inc. Breaking from recent Seventh and Eleventh Circuit decisions, which followed the statutory language in requiring random and
FCC Says “Think Twice” Before Assuming COVID-19 Calls Qualify Under the Emergency Purpose Exception to the TCPA
On March 20, 2020 the FCC issued a Declaratory Ruling specifically outlining how calls and messages will be treated under the Telephone Consumer Protection Act (“TCPA”) with regard to the novel coronavirus (“COVID-19”). In its sua sponte Declaratory Ruling, The FCC exempted certain calls related to the COVID-19 pandemic from TCPA requirements – but only
Calling Consumers During COVID-19: Call Me Maybe? UPDATE: FCC Says Maybe Not
In light of the coronavirus (“COVID-19”) and its impact on business operations, it is important to be aware that Telephone Consumer Protection Act restrictions on calling or texting consumers for a commercial purpose still apply. These national restrictions include rules governing consent to contact cellular telephones and rules regarding revocation of consent. Moreover, certain
Cybersecurity and Infrastructure Security Agency Issues Guidance on the Identification of Essential Workers
In the wake of many cities issuing tighter restrictions to slow the spread of the coronavirus (“COVID-19”), the Cybersecurity and Infrastructure Security Agency (“CISA”) has issued guidance on the identification of “essential critical infrastructure workers.” It is important to ensure continuity of functions that are critical to public health and safety, as well as economic
Financial Agencies Urged To Halt All Non-COVID-19 Rulemakings
Sen. Sherrod Brown (D-Ohio), ranking member of the Senate Banking Committee, and Rep. Maxine Waters (D-Calif.), chair of the House Financial Services Committee, have called for a pause in rulemakings from federal regulators unless they are designed to help during the coronavirus (“COVID-19”) outbreak.
Sen. Brown wants focus placed on “providing reliable guidance and responding
SEC Announces Moratorium on Non-COVID-19-Related Rulemaking
The Securities and Exchange Commission has announced that, in light of the challenges associated with the coronavirus (“COVID-19”), and particularly the difficulty associated with submission of comment letters, it will not take formal action before April 24 on a number of different proposed rulemakings with comment periods otherwise set to expire in March. Of course,
2019 Consumer Financial Services Year in Review & A Look Ahead
2019 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Sanders is uniquely positioned to help its clients find successful resolutions and stay ahead of the compliance curve.
In this report, we share developments on consumer class actions, background screening, bankruptcy, consumer credit
New “Surprise Medical Bills” Proposal Aims to Put Patients First
Hospitals are becoming increasingly aggressive in attempts to collect on medical bills, with hospitals around the country initiating thousands of lawsuits against indebted patients. Debtors can actually find themselves in jail, whereas other patients can find themselves filing for bankruptcy due to an influx of medical bills.
In early February, the House Committee on Ways