After a debt collector filed suit to collect an expired debt, the U.S. Court of Appeals for the Fourth Circuit held that the debt collector could not later compel arbitration of the debtor’s class action because arbitration...more
8/5/2025
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Debt Collection ,
Debt Collectors ,
Dispute Resolution ,
Federal Arbitration Act ,
Financial Services Industry ,
Motion to Compel ,
Statute of Limitations
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...more
There has been a flurry of recent activity in a case originally filed by six air ambulance companies claiming $20 million in unpaid emergency services invoices. ...more
7/10/2025
/ Aetna ,
Airline Deregulation Act ,
Ambulance Providers ,
Aviation Industry ,
Contract Disputes ,
CUTPA ,
Dispute Resolution ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Insurance Claims ,
Insurance Litigation ,
Medical Expenses ,
No Surprises Act (NSA) ,
Out of Network Provider ,
Surprise Medical Bills ,
Unfair or Deceptive Trade Practices
On June 20, the U.S. Supreme Court issued its opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. —- — S.Ct. —- 2025 WL 1716136 (2025), addressing whether, under the Administrative Orders Review...more
7/1/2025
/ Administrative Procedure Act ,
Consent ,
FCC ,
Hobbs Act ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Robocalling ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
Yesterday, Federal Communications Commissioner Olivia Trusty announced the appointment of several members to her team stating, “I am pleased to announce the talented individuals who will be joining my team. Each brings a...more
The U.S. Supreme Court, in a 6-3 decision, ruled that the Medicaid Act’s any-qualified-provider provision does not confer individual rights enforceable under 42 U.S.C. §1983. This decision reverses the Fourth Circuit’s...more
6/27/2025
/ 42 U.S.C. §1983 ,
Appeals ,
Beneficiaries ,
Constitutional Challenges ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Judicial Authority ,
Medicaid ,
Medina v Planned Parenthood South Atlantic ,
Patient Access ,
Planned Parenthood ,
Reproductive Healthcare Issues ,
SCOTUS ,
State and Local Government ,
Statutory Interpretation
In a significant ruling, the U.S. Supreme Court delivered its 6-3 opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, addressing the scope of judicial review under the Hobbs Act. The decision marks a...more
6/23/2025
/ Administrative Procedure Act ,
Appeals ,
Class Action ,
Enforcement Actions ,
FCC ,
Hobbs Act ,
Judicial Review ,
Jurisdiction ,
McKesson Technologies ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Unsolicited Faxes
On June 12, the U.S. Court of Appeals for the Fifth Circuit issued a significant opinion in the case involving Guardian Flight, LLC and Med-Trans Corporation, two air ambulance providers, against the defendant insurance...more
6/18/2025
/ Ambulance Providers ,
Appeals ,
Arbitration Awards ,
Dispute Resolution ,
Emergency Response ,
Federal Arbitration Act ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Insurance Claims ,
Insurance Litigation ,
No Surprises Act (NSA) ,
Post-Judgment Enforcement Actions ,
Private Right of Action ,
Surprise Medical Bills
In response to the Federal Communications Commission’s (FCC) request for input on unnecessary compliance burdens, the debt collection industry, led by ACA International, is advocating for significant reforms to the Telephone...more
6/13/2025
/ Debt Collection ,
Deregulation ,
FCC ,
FDCPA ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Robocalling ,
TCPA ,
Telecommunications ,
Wireless Industry
On May 22, Illinois House Bill 3352 passed the Illinois legislature and now awaits Governor JB Pritzker’s signature. This bill amends the Illinois Collection Agency Act to provide an individual a way to avoid liability for a...more
6/12/2025
/ Coercion ,
Consumer Privacy Rights ,
Damages ,
Debt ,
Debt Collection ,
Financial Regulatory Reform ,
Financial Services Industry ,
Fraud ,
Government Agencies ,
Illinois ,
New Legislation ,
Penalties ,
State and Local Government ,
Statutory Violations
Last year, the Federal Trade Commission (FTC) filed suit in the U.S. District Court for the Northern District of Georgia, alleging Global Circulation, Inc. (GCI) and its owner, Kenneth Redon III, violated the FTC Act, Fair...more
5/7/2025
/ Bank Fraud ,
Consent Order ,
Consumer Protection Laws ,
Debt Collection ,
Enforcement Actions ,
FDCPA ,
Federal Trade Commission (FTC) ,
FTC Act ,
Gramm-Leach-Blilely Act ,
Penalties ,
Statutory Violations ,
Unfair or Deceptive Trade Practices
As technology advances, so do the tactics of scammers. The Federal Trade Commission (FTC) recently released a data spotlight on the top text scams of 2024, revealing a significant increase in financial losses despite a...more
4/17/2025
/ Cybersecurity ,
Data Security ,
Enforcement Guidance ,
Federal Trade Commission (FTC) ,
Financial Crimes ,
Fraud ,
Phishing Scams ,
Scams ,
Telecommunications ,
Text Messages ,
Vulnerability Assessments
The Federal Communications Commission (FCC) issued an order extending the effective date of certain parts of § 64.1200(a)(10) of its rules under the Telephone Consumer Protection Act (TCPA) to April 11, 2026....more
4/8/2025
/ Effective Date ,
FCC ,
Financial Institutions ,
Financial Services Industry ,
Healthcare ,
Healthcare Facilities ,
New Regulations ,
Regulatory Requirements ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Time Extensions
In a recent decision from the U.S. District Court for the Northern District of Indiana, the court granted a motion to dismiss in favor of a debt collection law firm and one of its attorneys who were not licensed as debt...more
4/7/2025
/ Automotive Loans ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Financial Services Industry ,
Lenders ,
Licensing Rules ,
Motion to Dismiss ,
Professional Misconduct ,
Regulatory Requirements ,
Statutory Interpretation ,
Statutory Violations ,
Summary Judgment
Last month, we discussed the motion filed by the National Consumers League and four small business owners to intervene in the case of Insurance Marketing Coalition Limited. v. FCC. This motion aimed to challenge the Eleventh...more
3/25/2025
/ Amicus Briefs ,
Appeals ,
ATDS ,
Consumer Protection Laws ,
En Banc Review ,
FCC ,
Final Rules ,
Lead Generators ,
Motion To Intervene ,
Prior Express Consent ,
Regulatory Requirements ,
Robocalling ,
State Attorneys General ,
TCPA ,
Telecommunications ,
Telemarketing
In a recent decision, the U.S. District Court for the District of Maryland granted summary judgment in favor of a debt collector who responded to a debtor’s letter disputing and refusing to pay a debt by providing validation...more
On February 19, the National Consumers League (NCL) and four small business owners filed a motion to intervene in support of the Federal Communications Commission (FCC) and the United States in the case of Insurance Marketing...more
2/25/2025
/ ATDS ,
Auto-Dialed Calls ,
FCC ,
Motion To Intervene ,
Prior Express Consent ,
Regulatory Reform ,
Regulatory Requirements ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing
In Kirkman v. Blitt and Gaines, P.C., the plaintiff sued the defendant in the Northern District of Illinois alleging violations of the Federal Debt Collection Practices Act (FDCPA) for sending her a letter by regular mail...more
We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging...more
2/17/2025
/ Automotive Loans ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Enforcement Actions ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
FinTech ,
Regulatory Agenda ,
Regulatory Requirements ,
TCPA ,
UDAAP ,
Uniform Commercial Code (UCC)
On February 4, the Federal Communications Commission (FCC) proposed a $4,492,500 fine against Telnyx LLC for allegedly allowing illegal robocalls on its network. The FCC’s Notice of Apparent Liability for Forfeiture (NAL)...more
In Insurance Marketing Coalition Ltd. v. FCC, — F.4th —-, 2025 WL 289152 (11th Cir. Jan. 24, 2025), the U.S. Court of Appeals for the Eleventh Circuit came to the rescue of the lead generation industry, striking down new...more
2/7/2025
/ Administrative Proceedings ,
Consent ,
Consumer Protection Laws ,
Do Not Call List ,
FCC ,
Judicial Authority ,
Lead Generators ,
Privacy Laws ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
Last week, the U.S. Court of Appeals for the Third Circuit issued an opinion denying class certification in a case under the Telephone Consumer Protection Act (TCPA) finding common issues did not predominate the individual...more
1/30/2025
/ Advertising ,
Appeals ,
Class Action ,
Class Certification ,
Constitutional Challenges ,
Data Privacy ,
First Amendment ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Unsolicited Faxes
In a previous post, we discussed the oral arguments held on December 18, 2024, by the U.S. Court of Appeals for the Eleventh Circuit in the case of Insurance Marketing Coalition Limited (IMC) v. Federal Communications...more
1/27/2025
/ Consent ,
Enforcement Actions ,
FCC ,
Final Rules ,
Lead Generators ,
Regulatory Agenda ,
Regulatory Requirements ,
Robocalling ,
Stays ,
TCPA ,
Telecommunications ,
Telemarketing
On January 21, the Supreme Court heard oral arguments in the case of McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation. As discussed here, the primary issue is whether the Hobbs Act, which limits judicial...more
1/24/2025
/ Appeals ,
Class Action ,
Constitutional Challenges ,
FCC ,
Final Rules ,
Hobbs Act ,
Judicial Authority ,
Judicial Review ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Oral Argument ,
SCOTUS ,
Statutory Interpretation ,
TCPA
In this episode of The Consumer Finance Podcast, host Chris Willis is joined by Partners Virginia Flynn and Chad Fuller for the first edition of a special year-in-review series. Together, they provide a comprehensive analysis...more