The Eighth Circuit Court of Appeals recently held that a spouse-guarantor cannot use the Equal Credit Opportunity Act (“ECOA”) as an affirmative defense to a collection action based on their guaranty. I. ECOA Prohibits Discrimination Against “Applicants” Based On Marital Status A. ECOA bans creditor from requiring a spouse to […]
Publications
Highlights from Money 20/20
Money 20/20, a leading payments conference, concluded last week after more than 7,000 payments industry representatives gathered to discuss the rapidly evolving payments landscape. A wide array of emerging issues were discussed and debated, a few of which we would like to highlight here: Apple Pay. Much fanfare accompanied the […]
CFPB Announces Proposed Rules for Prepaid Card Products
The Consumer Financial Protection Bureau (“CFPB”) announced early this morning that it is proposing new federal rules for the prepaid market in a Notice of Proposed Rule Making (“NPRM”) to be released later today. The NPRM will affect a variety of prepaid products and will include provisions requiring consumer protections […]
Fix Up the Hospital Van: OIG Proposes Transportation Safe Harbor; Clarification on ACA CMP Exception
On October 3, 2014, the Office of Inspector General of the Department of Health and Human Services (“OIG”) released a proposed rule expanding safe harbors under the anti-kickback statute and clarifying the exceptions to “remuneration” under the Civil Monetary Penalties (“CMP”)/beneficiary inducement laws. The proposed rules respond to longstanding concerns […]
OSHA Revises Record-Keeping Requirements
The Occupational Safety and Health Administration recently announced revised record-keeping requirements that will go into effect on January 1, 2015, for workplaces under OSHA’s jurisdiction. Under the revised rule, employers will be required to notify OSHA of work-related fatalities within eight hours, and work-related in-patient hospitalizations, amputations or losses of […]

