On December 8, 2020, the Supreme Court heard argument in
Facebook, Inc. v. Duguid,
1 a case addressing a split among federal circuit courts as to what constitutes an automatic telephone dialing system often referred to as an autodialer under the Telephone Consumer Protection Act (TCPA).
2 The Court s decision could significantly reduce the risk of TCPA litigation directed at online platforms and apps with text messaging functionality.
Background
The TCPA generally prohibits calls to cell phones made without some form of consent if the calls are placed using an automatic telephone dialing system.
3 Courts have interpreted calls to include text messages.
4 The TCPA defines automatic telephone dialing system as equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers. The statute is invoked routinely by plaintiffs class action counsel due to its statutory
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A JARRING SHIFT: Here’s Why the Fourth Circuit Holding FCC TCPA Rulings Aren’t Entitled to Chevron Deference Much Less Binding Effect Under the Hobbs Act– Is So Astonishing Friday, December 11, 2020
TCPAWorld is such a weird place.
Legal principles are constantly shifting. Indeed, TCPAWorld is the only corner of the law where developments move so quickly that if a doctrine can survive five years or so it is considered vaunted immovable bedrock.
Yet, even bedrock isn’t certain in TCPAWorld since nobody not even Appellate Court judges can figure out the law, as the decision in
Carlton & Harris Chiropractic Inc. v. PDR Network, LLC, No. 16-2185, 2020 U.S. App. LEXIS 38073 (4
in Madison, where she practices in employment law, labor law, and Social Security disability law.
The U.S. Supreme Court recently ruled that federal law prohibits employers from discriminating against gay, lesbian, and transgender employees in workplaces. Hayley Archer discusses the case, its potential implications, and what it means for employees in Wisconsin.
In a landmark decision that is a major victory for the LGBTQ community, the U.S. Supreme Court ruled that federal law prohibits employers from discriminating against gay, lesbian, and transgender employees in workplaces.
“An employer who fires an individual merely for being gay or transgender violates Title VII because homosexuality and transgender status are inextricably bound up with sex.”
Thursday, December 10, 2020
Many health care providers treating senior patients rely on Medicare reimbursement and undertake significant measures to ensure proper billing and compliant practices. However, providers across the country may soon be subject to increased liability under the False Claims Act (FCA) depending on the outcome of a case recently presented to the U.S. Supreme Court.
The Centers for Medicare and Medicaid Services (CMS) requires that physicians certify the medical necessity of many services as a precondition of reimbursement. For instance, CMS requires that physicians certify that a patient is terminally ill (meaning the patient has six months or less of life) before the agency will reimburse for hospice services. Likewise, CMS requires physician certification for certain covered post-hospital extended care services provided by SNFs.
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Many health care providers treating senior patients rely on Medicare reimbursement and undertake significant measures to ensure proper billing and compliant practices. However, providers across the country may soon be subject to increased liability under the False Claims Act (FCA) depending on the outcome of a case recently presented to the U.S. Supreme Court.
The Centers for Medicare and Medicaid Services (CMS) requires that physicians certify the medical necessity of many services as a precondition of reimbursement. For instance, CMS requires that physicians certify that a patient is terminally ill (meaning the patient has six months or less of life) before the agency will reimburse for hospice services. Likewise, CMS requires physician certification for certain covered post-hospital extended care services provided by SNFs.