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

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

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

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

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

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

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

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

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

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

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



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