Compliance

A dental practice in Dallas, Texas has agreed to pay a $10,000 fine to the Department of Health and Human Services’s Office for Civil Rights after it was found to have potentially violated the Health Insurance Portability and Accountability Act (HIPAA) by allegedly sharing protected health information on the practice’s …

California Gov. Gavin Newsom has signed into law an anti-robocall bill called the Consumer Call Protection Act of 2019 that aims to eliminate neighbor spoofing, requires carriers to adopt SHAKEN/STIR protocols, and bolsters the state’s enforcement against alleged robocalls. Under the law, telecom carriers will be required to deploy SHAKEN/STIR …

A District Court judge in New Jersey has granted a defendant’s motion to dismiss a lawsuit that accused it of violating the Fair Debt Collection Practices Act by sending a letter to the plaintiff that allegedly misled the plaintiff into thinking that the debt could be disputed orally, instead of …

A trade group representing the three major credit bureaus filed a lawsuit last week against the state of Maine challenging a new law that, among other things, prevents furnishers, such as collection agencies, from reporting unpaid medical debts for at least 180 days. The Consumer Data Industry Association argues that …

A District Court judge in New York has certified a class action against a collection law firm accused of violating the Fair Debt Collection Practices Act because it did not explicitly state in a collection letter that the plaintiff’s balance may increase in the future, even though the firm referenced …

If at first you don’t succeed, try and try again appears to be the legal strategy of a company accused of violating the Telephone Consumer Protection Act by making calls to an individual’s phone using an pre-recorded or artificial voice without the individual’s permission. The company is, for the second …

Not content to wait for the Fifth Circuit Court of Appeals to rule on whether it thinks the leadership structure of the Consumer Financial Protection Bureau is constitutional, a payday lender has filed a petition with the Supreme Court seeking a hearing, while also asking whether companies that have been …

A District Court judge has granted a defendant’s motion to dismiss, ruling it is “preposterous” for a plaintiff to interpret “we will not sue you” in a disclosure related to a time-barred debt as a false statement under the Fair Debt Collection Practices Act because it could be read to …

The fact that an exemption in the Telephone Consumer Protection Act that spares debt collectors attempting to collect on debts owed to the federal government is unconstitutional is not enough to make the entire TCPA unconstitutional, ruled a District Court judge in Massachusetts, who is allowing portions of a class-action …

A handful of consumer groups have submitted an amicus brief and motion for leave to have it entered into the record as the plaintiff in Salcedo v. Hanna seeks to have his case re-heard by the entire Eleventh Circuit Court of Appeals in an en banc hearing. A panel of …