Photo of Virginia Bell Flynn

Virginia Bell Flynn

Subscribe to Virginia Bell Flynn's Posts

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.

Follow:Read more about Virginia Bell FlynnVirginia Bell's Linkedin Profile

On November 24, the Ninth Circuit issued an unpublished memorandum disposition in Dedicato Treatment Center, Inc. v. Aetna Life Insurance Co., affirming dismissal of an out-of-network provider’s state-law claims as preempted by ERISA’s remedial scheme. The panel’s brief decision underscores that the Court’s 2024 decision in Bristol Holdings (discussed here) applies broadly to state-law causes of action arising from pre-service verification-of-benefits and authorization communications, even where a provider also pleads an alternative ERISA benefits claim pursuant to an assignment of benefits from the member. Although not precedential under Ninth Circuit Rule 36-3, the disposition is a clear, persuasive affirmation of Bristol’s reach.

Effective September 1, 2025, SB 140 significantly expanded Texas’ telephone solicitation statute. SB 140 expressly covers text messages and similar electronic communications and introduced a direct private right of action under the Texas Deceptive Trade Practices Act (DTPA), with exposure to treble damages, mental‑anguish damages, and attorney’s fees. Recently, a case in the Western District of Texas brought by Ecommerce Marketers Alliance (d/b/a Ecommerce Innovation Alliance), Flux Footwear, and Stodge (d/b/a Postscript) against the State of Texas ended with a joint motion to dismiss after the Texas Attorney General clarified that companies who engage in consent‑based text message programs are not subject to the state’s registration and disclosure requirements. Still, SB 140’s new DTPA cause of action increases the cost of missteps and companies should document affirmative consent.

On October 31, CMS finalized the CY 2026 Medicare Physician Fee Schedule (PFS) rule (CMS-1832-F), effective January 1, 2026. While primarily directed at Medicare providers, the rule’s changes have clear downstream effects for payors and private insurers that benchmark to Medicare or align commercial policies with federal payment logic. Key themes are higher baseline rates, a stronger push toward value-based care via dual conversion factors, permanent telehealth flexibilities (including virtual supervision), expanded behavioral health integration, and a cost-containment overhaul for skin substitutes.

On October 15, the California Hospital Association (CHA) filed a petition against the California Office of Health Care Affordability (OHCA) and related entities. The petition challenges the imposition of stringent cost targets on hospitals across California, arguing that these targets are arbitrary, capricious, and not based on comprehensive data analysis. CHA contends that the cost targets violate both state and federal laws, including the Takings and Due Process Clauses of the U.S. Constitution, by being confiscatory and lacking a clear methodology for compliance. Furthermore, the petition asserts that OHCA’s actions were prematurely implemented without adequate stakeholder engagement, potentially leading to significant operational disruptions and threatening the quality and accessibility of health care services.

In an unpublished case, the U.S. Court of Appeals for the Third Circuit held that actions to obtain a judgment and enforce that judgment in a collection lawsuit filed outside the statute of limitations do not create a continuing violation under the Fair Debt Collections Practices Act (FDCPA).

On September 17, California Governor Gavin Newsom signed Assembly Bill 144 (AB 144) into law, a move in response to recent changes in immunization recommendations by the U.S. Food and Drug Administration (FDA). The bill, which took effect immediately, mandates that health plans cover a wide range of preventive care services, including immunizations, without cost-sharing or utilization management. This legislation is particularly noteworthy for its implications on vaccine coverage requirements.

The Federal Communication Commission (FCC) has finalized its rule under the Telephone Consumer Protection Act (TCPA), addressing prior express consent requirements for sellers to send advertisements and telemarketing notices using an automatic telephone dialing system (ATDS) or artificial/prerecorded voice. Notably, the one-to-one requirement has been removed.

California Senate Bill 940 (SB 940), enacted in late 2024, introduces several key changes to arbitrations involving “consumer contracts,” which is defined as a contract prepared by a seller and signed by a consumer for the sale or lease of goods or services or for the extension of credit purchased or used primarily for personal, family, or household purposes. Below, we explore the major provisions of SB 940 and their implications.