In a win for out-of-network health care providers, the U.S. District Court for the Eastern District of Louisiana recently remanded a case to state court, holding that there was no federal question jurisdiction and that the plaintiff’s claims were not preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §
A major background check vendor has settled charges by the Consumer Financial Protection Bureau (CFPB) that matching practices – the bases by which it attributes a criminal record to a specific individual – violated the Fair Credit Reporting Act (FCRA). At bottom, the settlement attempts to establish a standard that name and Date of Birth
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
On November 20, the Consumer Financial Protection Bureau announced that it is seeking public comments on the TRID Integrated Disclosure Rule, otherwise known as the “TILA-RESPA Integrated Disclosure” (“TRID Rule”) in accordance with Section 1022(d) of the Dodd-Frank Act. The TRID Rule implemented the Dodd-Frank Act’s directive to combine certain mortgage disclosures that consumers receive
Afni, Inc. won judgment on the pleadings on October 28 in a Fair Debt Collection Practices Act suit in the Southern District of Indiana. Plaintiff Karl Glass alleged that a collection letter sent to him by Afni failed to identify the current creditor to whom the debt was owed, in violation of Section 1692g(a)(2) of
On November 14, the House Financial Services Committee passed the following bills which would amend the Fair Debt Collection Practices Act and other consumer protection statutes and regulations. Next, the entire House of Representatives will consider the following bills:
Legislation aimed at curbing illegal robocalls that are sweeping the nation has been on the minds of lawmakers for most of 2019, with both chambers of Congress passing their own versions of legislation by overwhelming majorities. In May, the Senate passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, S. 151, by
Trina Davis brought both individual and putative class claims against Einstein Noah Restaurant Group, Inc. (herein “Einstein”), the parent company of popular bagel chain Noah’s Bagels, and Caribou Coffee Company, Inc. She alleged the companies violated the Fair Credit Reporting Act and related California statutes, arguing the consumer report disclosure form she signed to complete
On November 12, the United States District Court for the Middle District of Florida issued an order granting final approval to a class action settlement in Sanders et al. v. Global Radar Acquisition LLC d/b/a Global HR Research. This settlement resolves the lawsuit filed by Shawana Sanders and Keynatta Williams alleging that Global HR
On November 19, 2019, the Federal Deposit Insurance Corporation issued a proposed a new rule to clarify that the interest rate on a loan extended by a state-chartered bank or savings association will not be usurious upon sale, transfer or assignment of the loan if such interest rate was valid when the loan was made.
