News & Analysis as of

Federal v State Law Application Fees

Orrick, Herrington & Sutcliffe LLP

Fourth Circuit reverses lower court’s decision in bank class action certification

On August 5, the U.S. Court of Appeals for the 4th Circuit reversed and remanded a lower court’s decision that denied a plaintiff’s motion for class certification in her lawsuit against a bank. The plaintiff, a South Carolina...more

Troutman Pepper Locke

Preemption Win for Federal Credit Union in the Ninth Circuit on Bounced Check Fee Claims

Troutman Pepper Locke on

In a significant ruling, the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a consumer’s state law claims against a federal credit union on federal preemption grounds. The putative class action...more

Dickinson Wright

Restrictions on Fees Permitted Under HIPAA for Copies of Medical Records

Dickinson Wright on

When health care providers provide copies of medical records to an individual patient or to third parties at the direction of that individual patient, they are permitted under HIPAA to recover “a reasonable, cost-based fee.”...more

Baker Donelson

OCR Clarifies Parameters of Covered Entities' Fees for PHI Copies

Baker Donelson on

The Office for Civil Rights (OCR) recently released new guidance and FAQs (OCR Guidance) addressing individuals’ rights to access their protected health information (PHI) under the Health Insurance Portability and...more

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