n a ruling that could have major implications for patient outreach by the health care industry, on January 22, 2018, the Northern District of Ohio held that prescription reminder calls are exempted from liability under the Telephone Consumer Protection Act’s (TCPA) “emergency purposes” exception. If this ruling is followed by other courts, the long-term effect
Earlier this month, the Director of the Justice Department’s Civil Frauds Section issued a memorandum directing all DOJ attorneys evaluating False Claims Act (FCA) whistleblower cases to consider whether the government’s interests are best served by seeking a dismissal of questionable cases. The memorandum was first published by The National Law Journal and is available
As we previously reported, last year the United States District Court for the Middle District of North Carolina trebled a jury verdict against DISH Network L.L.C., resulting in a $61 million damages award. Following the jury verdict, the Court asked class counsel to devise a means for identifying class members.
DISH’s records, referred to
On January 24, the Consumer Financial Protection Bureau (CFPB) published a request for public comments on its use of Civil Investigative Demands or “CIDs”. The CFPB expects the request to be published in the Federal Register on January 26, and public comments will therefore be due on or around March 27.
The CFPB’s use –
On Tuesday, January 23rd, from 3-4 p.m. ET, Troutman Sanders attorneys David Anthony, Cindy Hanson and Tim St. George presented a webinar examining class actions under the Fair Credit Reporting Act. To access the webinar recording, please click here.
On Tuesday, White House budget director and acting interim director of the Consumer Financial Protection Bureau, Mick Mulvaney, introduced his plan for a more tempered, data-driven, governing philosophy for the CFPB.
In a three-page memo sent to CFPB employees, Mulvaney emphasized the CFPB would continue to enforce consumer protection laws but stressed it would operate
The deadline for motor vehicle dealer compliance with the Federal Trade Commission’s revised Used Car Rule is rapidly approaching. The January 28, 2018 compliance date imposed by the FTC requires dealers, as of that date, to use the agency’s revised window sticker, known as the “Buyers Guide,” on all used vehicles offered for public sale.
On January 22, 2018, the United States Supreme Court denied the second petition for a writ of certiorari filed by Spokeo, Inc. in its landmark, Article III standing case against Plaintiff Thomas Robins. Previously, on August 15, 2017, the Ninth Circuit issued its decision on remand in the same case, reversing and remanding the case
On January 19, 2018, the Virginia Senate voted 23 to 16 to “ban the box” on state employment applications. The bill, sponsored by Democrats Rosalyn Dance (Petersburg), Adam Ebbin (Alexandria) and Jennifer McClellan (Richmond), would bar state agencies and localities from including on an employment application a question about whether the prospective employee has ever
On January 19, a federal district court judge closed the damages phase of the CFPB’s long-running challenge to CashCall’s tribal-lending operation by ordering the company and its associates to pay a $10 million penalty. While the $10 million penalty is substantial, the order stands as an impressive victory for CashCall, as the CFPB requested a