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Data Marketing Partnership, LLP (“Data Marketing”) offers a health insurance plan to individuals that download an app that tracks phone usage. The company treats such persons as.
The United States Court of Appeals for the Fifth Circuit’s ruling on advisory opinions in Data Marketing Partnership, L.P., et al. v. U.S. Dept. of Labor may pave the way for California.
On August 17, 2022, the U.S. Court of Appeals for the Fifth Circuit held that a Department of Labor (“DOL”) advisory opinion, which found that an insurance plan was not governed by.
The Fifth Circuit on Wednesday agreed with a Texas federal court's determination that federal benefits law covered a company's offering of health insurance to individuals in exchange for their user data, ruling that the U.S. Department of Labor had arbitrarily found the plan to be exempt.