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On April 3, 2018, Oregon's governor signed S.B. 1553 which makes an important clarification to the debt buyer law passed last year.  The amendment confirms that the debt validation requirement only applies to debt buyers and debt collectors collecting purchased debt; the validation requirement does not apply to collectors servicing debt on behalf of the original/pre-default creditor.

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Ace American Insurance Co. v. Dish Network, LLC - No Duty to Defend and Indemnify TCPA Claims Under Insurance Agreement in Colorado

The 10th Circuit recently affirmed a lower court's ruling on summary judgment that Ace had no duty to defend and/or indemnify Dish in a lawsuit that DISH used telemarketing phone calls in violation of state and federal law. 

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Safe Harbor Language Is Not Always Safe

The Seventh Circuit recently ruled that a strict recitation of the long relied-upon safe harbor language the Court provided in Miller v. McCalla may not be so safe. 

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Attention Multi-State Employers: Background Checks and Ban-the-Box and Sick Leave Laws, OH MY!

As the federal government hits the brakes on numerous Obama-era employment law regulations, many states are ramping up their own employment law requirements. Some of the new state-specific laws to be aware of:   

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Navigating the FMLA - Part I: Common Technical Violations

Did you know that any technical violation of the FMLA may constitute "interfering with, restraining, or denying the exercise of rights" provided by the FMLA?  Yes, that's right employers: you can get sued by an ex-employee or fined by the DOL for technical errors relating to FMLA notices, paperwork, timing, and follow-up. 

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Federal Appeals Court Rules Extended Medical Leave is NOT a Reasonable Accommodation Under ADA

In Severson v. Heartland Woodcraft, Inc. (September 2017), the Seventh Circuit Court of Appeals ruled that employees are not entitled to extensive or open-ended periods of medical leave as a reasonable accommodation under the ADA.

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Employers Beware: Breaks of 20 Minutes or Less MUST Be Paid

In Secretary United States Dept. of Labor v. American Future Systems, Inc., the Third Circuit Court of Appeals ruled that an employer's policy of requiring employees to clock out for short (less than 20 minute) rest breaks violated the Fair Labor Standards Act (FLSA).

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PAID SICK LEAVE: Are You in Compliance? Arizona Joins Growing List of States and Cities Requiring Paid Sick Leave

The newly-implemented Arizona Fair Wages and Healthy Families Act (the "Act") entitles employees of most Arizona businesses to receive paid sick time effective immediately.  Sick leave can be used for any personal or family illness, injury, health condition, a public health emergency, or domestic / sexual violence, stalking or abuse. 

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Call Me Maybe: TCPA Permits Partial Revocation of Consent

In Schweitzer v. Comenity Bank, the 11th Circuit concluded the TCPA permits a consumer to partially revoke her consent to be called with an automatic telephone dialing system (ATDS).

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Debt Collectors and Debt Buyers: More Oregon Licensing and Compliance Requirements Starting January 2018

On August 2, 2017, the governor of Oregon signed into law a bill amending Oregon's collection licensing and compliance statutes and creating new obligations for debt buyers. 

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