• 11.25.19

    Courts Tackle TCPA Constitutionality

    The constitutionality of the Telephone Consumer Protection Act (TCPA) continues to make headlines, with recent decisions out of Delaware and Massachusetts, as well as a certiorari petition submitted to the Supreme Court.

  • 11.25.19

    Court Tosses Suit, Finds Defendant Didn’t Initiate Texts

    Applying a seven-factor test, a Washington federal court found that the defendant didn’t “make” or “initiate” text messages for purposes of Telephone Consumer Protection Act (TCPA) liability.

  • 11.25.19

    New California Law Sets Deadline for SHAKEN/STIR

    One of the many new laws enacted in California at the end of the most recent legislative session included the Consumer Call Protection Act.  

  • 11.25.19

    Manatt’s Continuing Coverage on Significant Post-ACA International Developments

    The uncertainty surrounding the proper definition of an automatic telephone dialing system (ATDS) remains as courts continue to issue differing opinions on the issue.

  • 11.25.19

    Texts Not Solicitations Despite Link to Book for Sale

    A Washington federal court has ruled that text messages inviting recipients to watch a livestream of a candidate’s speech and visit his website did not constitute “telephone solicitations” under the Telephone Consumer Protection Act (TCPA), even though the website offered a book ...

  • 11.20.19

    Ninth Circuit Eases Path for FCRA Plaintiffs

    Addressing two issues of first impression in the U.S. Court of Appeals, Ninth Circuit, a panel ruled that a consumer suffers a concrete, Article III injury-in-fact when a third party obtains her credit report for a purpose not authorized by the Fair Credit Reporting Act (FCRA).  

  • 11.20.19

    Federal Regulators Propose FASB Guidance

    The Federal Deposit Insurance Corporation (FDIC), Federal Reserve Board of Governors, Office of the Comptroller (OCC) and National Credit Union Administration (NCUA) have released a proposed Interagency Policy Statement on Allowances for Credit Losses.

  • 11.20.19

    Georgia Releases Section 1332 and 1115 Waivers

    On November 4, Georgia released two draft waiver applications for public comment—a Section 1332 State Relief and Empowerment Waiver (“1332 waiver”) to restructure the state’s individual insurance market and a Section 1115 waiver, “Georgia Pathways to Coverage,” ...

  • 11.19.19

    Preparing for the ONC/HHS Information Blocking Rule

    Earlier this year, the federal Office of the National Coordinator for Health Information Technology (ONC) and the Department of Health and Human Services (HHS) issued proposed rules implementing the information blocking prohibition in the 21st Century Cures Act.

  • 11.19.19

    Understanding Mental Health Parity: Insurer Compliance and Recent Litigation

    The Mental Health Parity and Addiction Equity Act (MHPAEA) requires health plans to provide comparable levels of treatment for mental health conditions and substance use disorders (SUDs) as they do for physical illnesses.