Collection Letters Mailed by Private Attorneys Serving as Special Counsel to State Attorney General Not False or Misleading When On Attorney General LetterheadThe Supreme Court issued its opinion Monday in Sheriff v. Gillie, No. 15-338, ___ U.S. ___ (2016). The case involved the collection of debts owed to the state by private law firms that had been appointed as special counsel by the Ohio Attorney General for the purposes of collecting those debts. The private law firms, pursuant to Ohio law, sent collection letters on the Ohio Attorney General letterhead, but provided their own firm information as well as statements alerting the recipient that the communications were from a debt ... Continue Reading
Spokeo, Inc. v. Robins: Light at the End of the Tunnel
In a May 16, 2016 opinion, the United States Supreme Court issued a holding which could offer debt collectors substantial protection against frivolous consumer suits and class actions in the federal courts.In a May 16, 2016 opinion, the United States Supreme Court issued a holding which could offer debt collectors substantial protection against frivolous consumer suits and class actions in the federal courts. While the Spokeo case was focused upon the Fair Credit Reporting Act (“FCRA”), the Supreme Court’s opinion could drastically reduce the consumer defense bar’s ability to weaponize the Fair Debt Collection Practices Act (“FDPCA”) and Telephone Consumer ... Continue Reading
Third Party Medical Case Management in Non-Catastrophic Claims: Board Rule 200.2
The State Board of Worker' Compensation recently promulgated a new Board Rule, which took effect January 1, 2016. Board Rule 200.2 provides some guidelines for the widely-used practice of medical case management by third party vendors in non-catastrophic claims. Employers and Insurers have long utilized third party medical case managers in order to maintain control over a claimant's medical treatment and to facilitate medical care with an eye on the claimant's return to work and resolution of the claim. The State Board of Worker' Compensation recently promulgated a new Board Rule, which took effect January 1, 2016. Board Rule 200.2 provides some guidelines for the widely-used ... Continue Reading
Georgia Supreme Court: The Doctrine of Sovereign Immunity Does Not Bar Sureties and Subrogees from Recovering Against the State
On September 22, 2014, the Georgia Supreme Court affirmed a controversial Court of Appeals decision, which held that the doctrine of sovereign immunity did not bar sureties or subrogees from recovering breach of contract damages from the State, so long as the surety or subrogee's principal would have a cause of action for such damages.On September 22, 2014, the Georgia Supreme Court affirmed a controversial Court of Appeals decision, which held that the doctrine of sovereign immunity did not bar sureties or subrogees from recovering breach of contract damages from the State, so long as the surety or subrogee's principal would have a cause of action for such damages. This decision, a ... Continue Reading