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Colorado District Court Holds Retroactive Application of Supreme Court’s TCPA Severance Violates Ex Post Facto Clause and Due Process

Troutman Sanders

In July 2020, the Supreme Court held that a 2015 amendment to the TCPA’s robocall restriction exempting calls made to collect government-backed debts transformed the provision into an unconstitutional content-based speech restriction. The result is a holding that essentially says the severance both is and is not retroactive.

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Labor & Employment E-Note November 2021

Burr Forman

State of Alabama Passes Law Governing COVID-19 Vaccine Exemption Requests. On November 5, 2021, Alabama Governor Kay Ivey signed into law a bill governing COVID-19 vaccine exemption requests. The case was originally filed in February 2015 and conditionally certified as a collective action in September 2016. Carr, et al.

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Federally-Backed Debt Collection Exception Not The Supreme Court’s Cup Of T(CPA)

Collection Industry News

Applying traditional severability principles, seven Justices concluded that, rather than invalidate the entire TCPA, the 2015 government-debt exception must be severed from the remainder of the statute. The bottom line: the government-debt exception is gone; the rest of the TCPA remains. 155, 163 (2015)).

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Federally-Backed Debt Collection Exception Not The Supreme Court’s Cup Of T(CPA)

Collection Industry News

Applying traditional severability principles, seven Justices concluded that, rather than invalidate the entire TCPA, the 2015 government-debt exception must be severed from the remainder of the statute. The bottom line: the government-debt exception is gone; the rest of the TCPA remains. 155, 163 (2015)).

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New York City DCA Issues Covert Regs Governing Interactions with Consumers Who Do Not Speak English

BN Lawyers

On June 11, 2020, the New York City Department of Consumer Affairs (“DCA”) released amendments to its debt collection regulations aimed at addressing communications with consumers who may have limited English proficiency (the “Amendments”). Fast forward to June 11 th when, to the industry’s surprise, these Amendments were published.

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Supreme Court Won’t Block Student Loan Class-Action Settlement

Collection Industry News

The settlement was prompted in part by an enormous backlog in the government’s processing of applications for relief under the law after the 2015 collapse of Corinthian Colleges after the emergence of extensive evidence of illegal recruiting tactics. billion owed by 560,000 borrowers who attended Corinthian Colleges.)

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FFCRA Paid Leave Extension Until September 30, 2021 with Tax Credits

Fraser

This is now allowed under the American Rescue Plan Act (“ARPA”), which was enacted on March 11, 2021. While it appears to be allowable, we are anxiously awaiting updated government guidance and clarification. However, be cautious. ARPA changes the rules for Emergency Paid Sick Leave (“EPSL”) and Emergency FMLA Extension (“EFMLA”).

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