Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Sanders and Pepper Hamilton have developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19 news and developments, recommendations from leading health organizations, and tools
Tenth Circuit Develops New ERISA Rule in Ellis v. Liberty Assurance Company of Boston
The Tenth Circuit developed a new rule under the Employee Retirement Income Security Act of 1974 (ERISA) in Ellis v. Liberty Assurance Company of Boston (case number 19-1074), holding last week that courts should adhere to choice-of-law provisions in ERISA health benefits plans.
In Ellis, the Tenth Circuit considered whether Michael Ellis’ health benefits
Student Loan Servicer Claims Immunity Under the Eleventh Amendment – Court Says “No”
Earlier this month, the United States District Court for the Western District of Texas denied a student loan servicer’s motion for judgment on the pleadings, finding that it was not entitled to absolute immunity under the Eleventh Amendment of the United States Constitution for alleged violations of the Fair Credit Reporting Act.
In May 2018,
Ninth Circuit Weighs in Again on “Standalone” FCRA Disclosures in Pair of Recent Cases
The United States Court of Appeals for the Ninth Circuit recently issued two decisions regarding requirements under the Fair Credit Reporting Act for employers who wish to run background checks on potential or current employees. These decisions should prompt employers to take a look at their current background check disclosure and authorization forms to assess
Watchdog Report Cites Deficiencies in SBA’s Administration of PPP Program
Authors:
James W. Stevens, Partner, Troutman Sanders
Jeremy B. Tomes, Associate, Troutman Sanders
Mark Dabertin, Special Counsel, Pepper Hamilton
Richard Eckman, Of Counsel, Pepper Hamilton
On May 8th, the Office of the Inspector General (OIG) of the Small Business Administration (SBA) issued a report summarizing its review of the
Troutman Sanders Weekly Consumer Financial Services COVID-19 Newsletter – May 11, 2020
Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Sanders and Pepper Hamilton have developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19 news and developments, recommendations from leading health organizations, and tools
Troutman Sanders Weekly Consumer Financial Services COVID-19 Newsletter – May 4, 2020
Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Sanders and Pepper Hamilton have developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19 news and developments, recommendations from leading health organizations, and tools
District Court Reinforces Plausible Pleading Standard Under FCRA
In Hassel v. Centric Bank, et al., the United States District Court for the Middle District of Pennsylvania granted a furnisher’s motion to dismiss claims brought under Sections 1681i and 1681s-2(b) of the Fair Credit Reporting Act. In doing so, the Court reinforced the pleading standard for FCRA claims against data furnishers
COVID-19 Has Blocked Access to Court Records – How to Deal with Disputes and Reinserting Information Under the FCRA
COVID-19 has forced us to ask novel questions generally and look for stay-at-home order workarounds. Compliance with the Fair Credit Reporting Act (FCRA) is no different. One of the many questions that has arisen relates to the reinvestigation of disputed court records. How can this be done with limited access to court records? What should
Supreme Court Finds Insurers Entitled to Millions in ACA Payments
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