Sessions Law

Our Partners David Israel, Bryan Shartle & David Clouston Honored as 2024 Best Lawyers® in America and Whitney White Honored as 2024 Best Lawyers: Ones to Watch® in America!

2023-08-18 08:20:41

SESSIONS, ISRAEL & SHARTLE is delighted to announce that three of our partners, David Israel (employment), Bryan C. Shartle (commercial litigation), and David R. Clouston (commercial litigation), have been recognized as The Best Lawyers® in America for 2024. Our partner Whitney White (commercial litigation) was recognized as Best Lawyers: Ones to Watch® in America for 2024.

USCIS Announces New Form I-9 and Alternative Verification Option

2023-07-28 10:54:01

On July 21, 2023 federal immigration agencies authorized an optional alternative procedure to in-person physical examination of documents presented for the purpose of completing the Form I-9.

Nevada’s S.B. 248 Medical Debt Collection Law Barely Survives Constitutional Challenge

2023-06-16 08:13:07

Two years ago, the ACA, several debt collectors, debt buyers and a debt collection law firm filed a lawsuit through Sessions, Israel & Shartle, LLC and Brownstein Hyatt Farber Schreck, LLP seeking to prohibit S.B. 248 from becoming effective.

EEOC Issues Updated ADA Guidance as COVID-19 Health Emergency Ends

2023-05-26 09:03:00

On May 15, 2023 the EEOC issued a number of updates to its COVID-19 technical assistance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” addressing questions about ongoing COVID-19-related ADA issues now that the COVID-19 public health emergency has ended.

ICE Announces Freeze on Remote I-9 Verifications - Employers Have Until August 30 To Complete In-Person Re-Verification

2023-05-23 09:28:54

DHS/ICE announced that after the COVID-19 pandemic Form I-9 flexibilities sunset on July 31, 2023, employers who conducted remote verifications during the pandemic will have until August 30, 2023 to perform all required physical examination of identity and employment eligibility documents for individuals (1) hired on or after March 20, 2020, and (2) whose identity and work eligibility documents were only examined virtually or remotely.

Furnishers Beware – Correcting Credit Reporting Mistakes Can Still Get You Sued

2023-04-19 08:24:19

What happens when you credit report information by mistake, follow the Fair Credit Reporting Act and fix it? One court finds that e-OSCAR worked and there was no liability ruling with a furnisher’s timely FCRA 30-day response.

Whitney White Selected to 2023 Texas Super Lawyers Rising Stars

2023-03-28 11:49:29

Sessions, Israel & Shartle proudly announces that for the fifth year running Whitney White, a partner in our Dallas Office, has been named by Super Lawyers as a Rising Star in Consumer Law.

Thanks For Nothing – Court Rules CFPB’s Safe Harbor For Model Notice Does Not Apply To FDCPA Claims

2023-03-01 08:13:20

While most are still recovering from the 11/10/21 Reg. F deadline and the time, effort and expense of gearing up, we all believed that once the work was done, we would have clear rules and a “safe harbor” that would result in fewer silly lawsuits – especially with the Model Notice. Wrong!

Illinois To Mandate Paid Leave For Any Reason Beginning in 2024

2023-02-27 08:18:27

The Paid Leave for Workers Act (PLFAW) will become effective January 1, 2024, and will apply to all Illinois employers, with very limited exceptions. The law does not apply to school and park district employers, temporary student-employees, and employees defined in the Railroad Unemployment Insurance Act.

FDCPA Takes Back Seat To Collection Lawyer – Court Says Letter To Lawyer Not Subject To FDCPA

2023-02-22 08:09:06

What happens when a debt collector sends a letter to a lawyer on behalf of that lawyer’s debtor-client, and the letter potentially violates the FDCPA? According to one court in New York, nothing.

DOL Provides Examples: NO Federal Law Retaliation

2023-02-10 08:16:27

During March 2022, the Department of Labor (DOL) released guidance providing specific examples of unlawful retaliation under various laws including the Fair Labor Standards Act (FLSA) the Family and Medical Leave Act (FMLA), the Consumer Credit Protection Act (CCPA), and various visa programs.

Pre-Incident Sex Harassment Non-Disclosure Agreements Nullified by “Speak Out Act”

2023-02-02 08:32:43

After legislation prohibiting forced arbitration provisions in workplace sexual harassment and sexual assault cases went into effect during 2022, on December 7, 2022, President Biden signed the Speak Out Act to force transparency in how employers handle sexual harassment complaints going forward.

Confirming What’s “Clear and Conspicuous” Under Reg F - Illinois State Court Gets It!

2023-01-31 08:38:41

In a first, a Chancery Court judge for Cook County, Illinois has ruled that an opt-opt notice contained within a collection e-mail satisfied Reg. F’s dual requirements of describing a simple opt out process and providing a clear and conspicuous opt-out disclosure.

Proposed FTC Regulation Would Deem Noncompete Agreements an Unfair Trade Practice

2023-01-24 08:16:09

Noncompete agreements, common in the debt collection industry, could become unenforceable at the federal level if a proposed Federal Trade Commission (FTC) regulation becomes effective.

Pregnant Workers Fairness Act Expands Employers’ Reasonable Accommodation Obligations

2023-01-20 08:23:47

The Pregnant Workers Fairness Act (PWFA), passed as part of the 2023 federal spending package, will require employers with 15 or more employees to provide reasonable accommodations for job applicants and employees with limitations related to pregnancy or childbirth. As part of the new spending package, Congress also included the Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act) to expand workplace lactation accommodations.

Overtime Pay, To Boot: 9th Circuit Rules Computer Log-In Time is Compensable

2022-10-27 11:03:30

The Fair Labor Standards Act (FLSA) sets overtime rules that appear simple, but failing to determine accurately what is compensable “work” creates liability that can lead to class (collective) action suits.

Change Your Reg. F Initial Demand Letter? Court Says No Obligation to Use Model Notice

2022-10-25 14:15:02

In a contract dispute, not a consumer defense case, a federal trial court in Illinois just confirmed what was suspected but not entirely clear in Regulation F – the CFPB model notice is more of a suggestion than a legal requirement.

Mishandling of Sexual Comments Complaint - Sam’s Club Pays $250,000

2022-10-13 09:01:52

In 2019, sales floor associate Haley Harris called the Sam’s Club Global Ethics Division about inappropriate sexual comments from her co-workers.

Hair Today, Protected Class Today: State CROWN Acts Prohibit Hairstyle Discrimination

2022-10-05 00:00:00

Massachusetts has recently become the 18th state to enact a Creating a Respectful and Open World for Natural Hair (CROWN) Act prohibiting discrimination against natural and protective hair, including hair texture, hair type, and hair length.

Telephone Number Not Matching Your Locale? Court Finds Local Caller ID Strategy Could Violate FDCPA, If Collector’s Address Doesn’t Match Number

2022-09-27 09:41:12

Is this the new Hunstein, where a widely used practice generally accepted as compliant suddenly becomes a risk? A federal trial court in Chicago concluded that a debt collector could be violating the FDCPA when broadcasting a local area code on its Caller ID when the caller did not have a physical presence in that area.

The Federal 11th Circuit Rejects Hunstein But The Printer Liability Theory Is Not Dead

2022-09-09 08:25:05

The April 21, 2021 Hunstein v. Preferred Collection and Management Services Inc. 3-judge ruling issued from the federal 11th Circuit Court of Appeals started a tidal wave of litigation. The court first found that transmitting a data file to a letter vendor could violate the FDCPA with the improper the disclosure of information about the debt to a third-party (the printer). After a 3-judge rehearing and then a very special appeal to the full 12-judge 11th Circuit during February 2022, on September 8, the court released its long-awaited decision. The Sessions Firm represented several clients in the appeal.

Ninth Circuit Hears First Appeal Attacking Nevada S.B. 248- The Medical Debt Collection Law

2022-09-06 08:48:37

On July 1, 2021, medical collection activity stopped in Nevada because S.B. 248 became effective.

Really!! Court Rules “Obligation” In A Settlement Letter Is A Threat That A Consumer May Be Sued

2022-08-30 08:21:45

Since the 7th Circuit released their 2014 McMahon decision, using the word “settle” or “settlement” in any settlement offer letter has exposed collection agencies to being sued. Finding an FDCPA violation, the McMahon Court ruled that the consumer could reasonably assume that “settle” was a legal term and consumers would fear being sued for the debt.

Hunstein Copycat Claim Loses All 9 Lives: NJ State Trial Court Rules- Using A Printer Is Not An FDCPA Communication

2022-08-23 08:18:26

Courts across the country have been required to deal with the tsunami of cases filed after the 11th Circuit’s industry changing order in Hunstein v. Preferred. While we all wait for the 11th Circuit to issue its new opinion, which is expected any day now, a New Jersey state court judge recently issued a stinging rebuke of the Hunstein theory.

Our Partners Bryan Shartle and David Clouston Honored as 2023 Best Lawyers in America!

2022-08-19 08:22:52

SESSIONS, ISRAEL & SHARTLE is delighted to announce that two of our partners, Bryan C. Shartle and David R. Clouston, have been recognized as The Best Lawyers in America for 2023.