The State of Florida, like many states, maintains a robust workers’ compensation statute geared toward insulating employees injured on the job from associated medical services. Now, lawsuits continue to be filed against debt collectors, hospitals and other medical providers alleging that under a novel interpretation of Florida’s workers’ compensation law, it is unlawful to attempt to collect medical debt arising from work-related injuries directly from consumers.
Posts tagged as “compliance”
On March 2, Virginia Gov. Ralph Northam signed into law the Virginia Consumer Data Protection Act. House Bill 2307 was introduced Jan. 20, 2021, and a substitute was passed in the House just nine days later. Its companion, Senate Bill 1392, followed a similar trajectory and on Feb. 19, each chamber concurred in the other’s substitute. The Act will become effective Jan. 1, 2023.
In 2006 the Committee of Ministers of the Council of Europe designated each Jan. 28 as Data Protection Day, known outside of Europe as Data Privacy Day. It marks the day in 1981 that Convention 108 of the Council of Europe became open for signature.
The Consumer Financial Protection Bureau increased the maximum civil penalty it can impose within its jurisdiction after Jan. 15, 2021. The increases are required by federal law, which requires agencies to adjust for inflation each civil monetary penalty within an agency’s jurisdiction by Jan. 15.
On Jan. 11 Washington State Sen. Reuven Carlyle introduced SB 5062, the Washington Privacy Act (WPA). Its predecessors, SB 6281 and SB 5376, failed to pass in 2020 and 2019, respectively.
The U.S. Court of Appeals for the Sixth Circuit recently held that the plain language of 15 U.S.C. 1692f(8), a provision of the Fair Debt Collection Practices Act (FDCPA) regulating what may be shown on an envelope when a debt collector communicates with a consumer by mail, does not include a “benign language” exception.
Managing against unforeseen risks can be a difficult task. But sometimes you can get a hint of potential trouble ahead. In the past few months there have been at least four cases that could cause substantial disruption to debt buyers, creditors and their service providers alike. Here they are:
The Consumer Financial Protection Bureau has prevailed against a challenge to its authority in the Ninth Circuit Court of Appeals in the wake of last summer’s U.S. Supreme Court decision in Seila Law LLC v. Consumer Financial Protection Bureau.
On the heels of the EU’s General Data Protection Regulation (GDPR) going into effect in 2018, and passage of the California Consumer Privacy Act of 2018 (CCPA), 2019 proved to be a banner year for introduction of state consumer data privacy legislation.
Like many circuits in 2020, the Third Circuit did not author a large volume of opinions covering the Fair Debt Collection Practices Act (FDCPA) or the Telephone Consumer Protection Act (TCPA).
The Second Circuit was relatively quiet when it came to the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) in 2020, but when it did issue opinions, several were quite impactful in our industry.
On Dec. 10, the California Office of the Attorney General issued its Fourth Set of Proposed Modifications to the California Consumer Privacy Act regulations. The changes affect only two subsections relating to the sale of personal information.