News & Resources

Transmitting Account Data to a Letter Vendor Now is an FDCPA Violation

In a stunning decision, the Eleventh Circuit has just completely upended the traditional model for debt collection. In the case of Hunstein v. Preferred Collection & Management Services, the Appellate Court concluded that a debt collector that transmits account information, such as a consumer’s name and account balance, to a letter vendor for the purpose of generating an initial demand letter, violates the FDCPA.

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Breaking News! DOL Guidance On Mandatory, Employer-Paid COBRA Subsidies Is Here

As we blogged about here, the American Rescue Plan Act (ARPA), signed into law on March 11, 2021, includes several provisions impacting employers, their benefits plans, and Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requirements. 

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No April Fool’s JOKE Here– A Unanimous Supreme Court Provides TCPA Relief!!

On April 1, 2021, the Supreme Court issued its 9 – 0 decision in the highly anticipated case of Facebook v. Duguid. In a landmark ruling, the Court concluded that the TCPA automatic telephone dialing system (ATDS) statutory definition controls - for the TCPA to be in effect the dialing equipment must have the capacity to: a) store a number using a random or sequential number generator, or b) produce a number using a random or sequential number generator.   Read more

Attention Illinois Employers! SB 1480—Illinois Enacts New Background Check Rules (Part 1)

A new Illinois law, Senate Bill 1480 (“SB 1480”) is now in effect that (1) limits employers’ ability to consider criminal convictions in making hiring and employment decisions, and (2) imposes new procedural requirements before taking adverse employment actions relating to background checks. Here is a summary of what employers need to know: Read more

FDCPA Bona Fide Error Defense Applies to Mistaken Interpretation of Statute of Limitations

In recent years, debt collectors have faced a barrage of class action lawsuits alleging FDCPA violations for failing to disclose that a debt is outside the applicable statute of limitations. But what is “the applicable statute of limitations?”  Read more

The American Rescue Plan Act Extends and Expands the FFCRA What Employers Need to Know!

President Biden has signed into law the American Rescue Plan Act of 2021 (the ARPA). Among other things, the ARPA incentivizes employers to continue to provide COVID-19 paid sick leave by extending the Families First Coronavirus Response Act (FFCRA) tax credits through September 30, 2021. Read more

Whitney White Selected to 2021 Texas Rising Stars List by Super Lawyers

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

Washington's New Work-at-Home Rule is Now in Effect for Debt Collectors

Washington's permanent work at home collection rule is now in effect.  The rule imposes new and onerous privacy, security, and IT requirements on collection agencies that utilize work at home collectors to contact Washington consumers.  For example, the new rule requires work at home collectors to live in the United States within 100 miles of a licensed office.  Work at home collectors that live outside the country may no longer contact Washington consumers.  Read more


Sessions, Israel & Shartle is delighted to announce that for the fourth year Brittany Shaw, based in our San Diego office, who also shares time in our newly opened Indiana office, has been named as a 2021 Indiana Rising Star in General Litigation by Super Lawyers. Read more

Beware of Call Center "Login Time" Class Actions

Do you know how much time it takes your call-center (non-exempt) reps to login to the system before they can clock-in to the timekeeping system?  Is it 15 seconds? 50 seconds? A few minutes as the hourglass spins and the programs load? If your employees are teleworking, does the clock-in process take longer because employees must first login to the remote network? Read more




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