Photo of Virginia Bell Flynn

Virginia is a partner in the firm’s Consumer Financial Services practice and specifically within the Financial Services Litigation practice. She represents clients in federal and state court, both at the trial and appellate level in the areas of complex litigation and business disputes, health care litigation, including ERISA and out-of-network issues, and consumer litigation in over 21 states nationwide. As a result of new legal developments, she increasingly counsels clients to ensure they comply with the myriad of growing laws in the consumer law with a particular emphasis on the intersection of TCPA and HIPAA.

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

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 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

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

Any company that uses telephony systems for outreach to consumers got important and potentially good news on January 27, 2020, when the Eleventh Circuit released its much-anticipated opinion in Glasser v. Hilton Grand Vacations Company, LLC, No. 18-14499.  The court held that a phone system must use randomly or sequentially generated numbers to qualify

In early January, President Trump signed the Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act into law, supporting bipartisan legislative efforts to curb robocalls. The Act gives the Federal Communications Commission greater enforcement authority against illegal robocallers. Specifically, under the new law, the FCC can now extend the statute of limitations by

The United States Supreme Court has agreed to consider a challenge to the constitutionality of the Telephone Consumer Protection Act (TCPA). On Friday, January 10, 2020, the Supreme Court issued orders from the justices’ conference, which included an order for oral argument in Barr v. American Association of Political Consultants – a case involving a

With the ever-changing case law surrounding the Telephone Consumer Protection Act, staying up to date with what cases are relevant and where courts stand on certain, very important definitions, can be an almost impossible task. Further, in the 28 years since the TCPA was enacted, the legislation has been considered outdated by many companies.

As

The United States District Court for the Middle District of Pennsylvania recently held that a pro se plaintiff failed to plead facts sufficient to demonstrate that an agency relationship existed. This holding reinforced the need for specificity in Telephone Consumer Protection Act claims that allege vicarious liability.

In Robert D. Kline v. Elite Medical Laboratories

Furthering his state’s historic consumer protections against surprise medical bills, New York Governor Andrew Cuomo signed into law this past October the Patient Protection Act, adding additional protections for emergency room visits.

New York was already a bellwether in the field, passing the historic Surprise Medical Bill Act in 2014 to prevent unexpected medical bills