Newsletters

09.14.23

CFPB Loses Major UDAAP Case

On September 8, 2023, the U.S. District Court for the Eastern District of Texas issued an opinion and order vacating a March 2022 anti-discrimination update to the UDAAP section of the Consumer Financial Protection Bureau’s (“CFPB” or “Bureau”) Supervision and ...


09.13.23

Eleventh Circuit Reverses Position on Standing, Single Text Sufficient

A unanimous en banc Eleventh U.S. Circuit Court of Appeals reversed the court’s prior precedent and ruled that the receipt of a single text message is sufficient to establish Article III standing for purposes of a Telephone Consumer Protection Act suit.


09.13.23

Seventh Circuit Rejects FCC Guidance in Fax Case

The Seventh U.S. Circuit Court of Appeals declined to follow Federal Communications Commission guidance when it ruled that faxes offering a “free dinner” did not run afoul of the Telephone Consumer Protection Act.


09.13.23

TCPA Defendant Sidesteps Suit With Improper Identification

The failure of a plaintiff in a Telephone Consumer Protection Act action to properly identify the defendant led a New Jersey federal court to dismiss the action with prejudice.


09.13.23

Unprecedented Mandatory Climate Disclosure Bills Go to CA Governor

California Governor Gavin Newsom will now decide whether businesses with any operational connection to California—physically present in the state or not—either privately held or publicly traded, and with specified revenues annually, will be mandated to publicly disclose all global ...


09.11.23

Access to Care for Justice-Involved Pregnant People With a Substance Use Disorder

There is a critical need to increase access to evidence-based care for justice-involved pregnant people with a substance use disorder (SUD)—and connect them to continued coverage and care upon release—according to national physician and policy experts in a May 2023 webinar sponsored by ...


09.11.23

CMS Guidance on Conducting Eligibility Redeterminations at the Individual Level

On August 30, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a State Medicaid Director Letter (SMDL) instructing states to assess whether they are in compliance with federal Medicaid regulations that require all renewal processes be conducted at the individual level.


09.11.23

The CFPB’s Summer 2023 Supervisory Highlights

The Consumer Financial Protection Bureau’s (CFPB or Bureau) Summer 2023 Supervisory Highlights, which discusses key examination findings between July 2022 and March 2023, underscores the Bureau’s continuing aggressive interpretations of its authority.


09.05.23

Inevitable Climate Disclosure Mandates in California and Nationwide

Two unprecedented climate disclosure mandate bills cleared a formidable and critical legislative hurdle on the path to becoming law in California.


08.31.23

Information Blocking Penalties to Take Effect September 1

More than three years after the federal government issued rules to prohibit “information blocking,” penalties for violating those rules are taking effect. September 1 marks the first day on which certain entities may face civil monetary penalties (CMPs) for engaging in conduct deemed to ...