Class Actions

On September 21, a federal judge in the U.S. District Court for the District of Maryland denied class certification in a putative class action under the Telephone Consumer Protection Act (TCPA), which restricts automated and prerecorded calls to cell phones. The opinion centered around prerecorded appointment reminder calls, offering a useful roadmap for defendants facing…

On September 16, the New York Attorney General’s Office (OAG) announced a settlement with two Westchester County dealerships, resolving allegations of deceptive fee practices under General Business Law § 349 and § 350 and Executive Law § 63(12). The resolution requires more than $1 million in immediate consumer restitution, with additional claims-based payments potentially reaching…

Business email compromise (BEC) and other third-party fraud inducing funds transfers have generated a wave of litigation against banks: not just those where victims hold accounts, but also against the financial institutions where the funds were transferred, even when the victim is not a customer. A threshold question often arises as to whether the beneficiary…

On September 17, the U.S. Court of Appeals for the Second Circuit handed down a fantastic ruling for payors defending against private enforcement of No Surprises Act (NSA) independent dispute resolution (IDR) payment determinations. In East Coast Advanced Plastic Surgery, LLC v. Cigna Health & Life Insurance Co., the court held that the NSA does…

On September 8, the Department of Labor’s Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin No. 2026-03, outlining how it will enforce the Mental Health Parity and Addiction Equity Act’s (MHPAEA) nonquantitative treatment limitation (NQTL) requirements going forward. The bulletin follows through on EBSA’s January 2026 announcement identifying mental health/substance use disorder (MH/SUD)…

On September 9, the Federal Communications Commission (FCC) released a Report and Order and Further Notice of Proposed Rulemaking (FNPRM) (FCC-CIRC 2609-05) substantially revising the consent-revocation rules that were set to take effect January 31, 2027 under the Telephone Consumer Protection Act (TCPA). The new rules take effect just 30 days after Federal Register publication,…

In this episode of the “Point-of-Sale Finance” series, Jason Cover is joined by colleagues Erin Edwards and Simon Fleischmann from Troutman Pepper Locke’s Consumer Financial Services practice to shift the lens from regulatory compliance to litigation risk. The conversation broadens the frame beyond Buy Now, Pay Later (BNPL) to the full point-of-sale credit…

As we reported in December 2025, New Jersey’s Division on Civil Rights (DCR) adopted what its Attorney General described as the “most comprehensive state-level disparate impact regulations in the country” under the New Jersey Law Against Discrimination (LAD). Those rules, effective December 15, 2025, codify a broad burden-shifting framework for disparate impact claims across housing,…