Sessions Law

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.

Be Careful What You Rely On: Washington Court Says Debt Collector’s Reasonable Reliance On Balance Amount From Creditor Not Enough To Avoid FDCPA Violation

2022-08-16 16:40:10

In Creager v. Columbia Debt Recovery, a district court judge partially granted plaintiff’s motion for summary judgment, concluding that the debt collector’s attempts to collect an unpaid apartment debt with an balance inflated because the plaintiff had forfeited her security deposit, violated the FDCPA. The information supplied by creditor/client did not protect the debt collector.

The Printer Strikes Back – Hunstein Moves To The West Coast and Gets Welcome Reception

2022-06-16 11:19:03

Though the volume of Hunstein cases has slowed significantly, cases are continuing to be brought. Surprisingly, the newer cases these days have largely been in just a few states like Florida, New York and Illinois.

The Form I-9 Is Getting A Face-Lift

2022-06-16 09:06:52

The current version of the Form I-9 expires on October 31, 2022, and the U.S. Citizenship and Immigration Services (USCIS) has announced big potential changes to the new form.

New York Post-Judgment Interest Rate Amendment Enjoined

2022-05-02 16:59:24

The District Court in Greater Chautauqua Federal Credit Union v. Marks has issued a preliminary injunction stopping the enforcement of New York’s recent amendment to its post-judgment interest rate.

New Federal Law Limits Forced Arbitration of Certain Employment Disputes

2022-04-28 08:42:44

Last month, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Act”). The Act amends the Federal Arbitration Act to give alleged victims the choice regarding whether to arbitrate employment disputes involving sexual assault or sexual harassment.

Whitney White Selected to 2022 Texas Rising Stars List by Super Lawyers

2022-03-22 12:43:17

SESSIONS, ISRAEL & SHARTLE is delighted to announce that for the fourth year in a row Whitney White, our new partner in our Dallas Office has been named as a Rising Star in Consumer Law by Super Lawyers.