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
Statistics for August 2026 consumer litigation filings are in, and the picture is a mixed one: some statutes rose while others fell. Nonetheless, one trend for 2026 is becoming unmistakable: filings remain up substantially across the board compared to the same period last year.
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 a significant en banc decision issued on August 11, 2026, the U.S. Court of Appeals for the Fifth Circuit largely affirmed a district court ruling that invalidated key portions of the federal agencies’ rules governing the calculation of the “qualifying payment amount” (QPA) under the No Surprises Act (NSA). The court’s decision has major
On July 20, Pennsylvania Governor Josh Shapiro signed Senate Bill 992 (the Bill) into law, with an effective date of October 19, 2026. The amendments modernize the Telemarketer Registration Act (the Act) for the first time in almost three decades to address today’s technology, including robocalls, text messages, ringless voicemails, and AI-generated messaging and impose
On August 26, the Federal Trade Commission (FTC) announced updated fees for telemarketers to access phone numbers listed on the National Do Not Call (DNC) Registry for Fiscal Year 2027, which begins October 1, 2026.
Background
All telemarketers calling consumers in the U.S. are required to download and cross-reference numbers listed on the National DNC
In this episode of The Consumer Finance Podcast, host Chris Willis is joined by colleagues Stefanie Jackman and Brian Hays to discuss the Seventh Circuit’s landmark July 2026 ruling in Steidinger v. Blackstone Medical Services, a unanimous decision holding that text messages do not qualify as “telephone calls” under § 227(c)(5) of the Telephone
Background: The TCPA’s Private Right of Action for Unwanted Calls
Congress enacted the TCPA in 1991 to address the proliferation of unwanted telephone solicitations. The statute defines “telephone solicitation” as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.”