Consumer Protection

Gag clauses are at the forefront of state policy decisions as state policymakers attempt to reduce the cost of prescription medications. Gag clauses are established in PBM-pharmacy contracts prohibit pharmacists from informing consumers, unless asked, about cheaper ways to purchase prescriptions or access more effective alternatives, i.e., a lower cost generic drug or newer brand name drug with better outcomes. From 2016 to 2018, 22 states enacted legislation to prohibit the use of gag clauses to provide consumers and pharmacists more ability to communicate about cheaper options. Another nine states have legislation still pending. Eight states have legislation regulating pharmacy benefit managers, or PBMs, through audits, licensing and maximum allowable cost statutes that do not directly address gag clauses. More than eight states have Maximum Allowable Cost (MAC) statutes and auditing and licensing procedures enacted, however they also address gag clauses or claw backs specifically in their bill.

An uptick in concern about digital privacy is sweeping the nation. Incidents such as injury law firm advertisements targeting emergency room patients based on location, smart home assistants recording conversations unbeknown to their owners, and Facebook’s Cambridge Analytica scandal have all contributed to concerns about digital privacy.

Credit card fraud is a concern for all Americans, and with the introduction of EMV chip cards, counterfeit fraud at U.S. retailers has seen a decline. Despite the efforts of the major credit card companies and their EMV chip requirements, fraud has continued to rise as a whole, specifically at the gas pump. While the deadline for retail merchants to make the change to EMV enabled equipment or face a shift in...

Imagine this scenario:  husband buys life insurance and designates his wife as the beneficiary. A few years later the state adopts a revocation-upon-divorce statute applicable to life insurance beneficiaries which states that upon divorce the designation of a spouse as a life insurance beneficiary is revoked. A few years after that the couple divorces but the husband never changes his life insurance beneficiary. A few years after that the husband dies.

Is the ex-wife still the beneficiary?

In ...

In this Ohio v. American Express Ohio has asked the Supreme Court to offer guidance on its “rule of reason” test under antitrust law. The “quick-look” version of this test requires the government to show anticompetitive harms and the defendant to show procompetitive benefits. The party proving greater harms or benefits wins. This case is relevant to states because 11, including Ohio, have sued American Express claiming one of its contract provisions with merchants accepting American Express credit cards violates the Sherman Act (antitrust law).  

American Express charges merchants who accept its credit card higher fees than its competitors. American Express’s standard contract non-discriminatory provision (NDP) requires merchants to not say or imply that they prefer any payment method over American Express.   

CSG Midwest
Every Midwestern state requires drivers to have auto liability insurance. The rate that individuals pay for this insurance is based on a host of factors — some connected to their driving habits and history, others unrelated. For example, some states may have higher-than-average litigation or medical care costs; their residents pay higher premiums as a result, the Insurance Information Institute notes.
Within a state, too, premiums can vary considerably from one driver to the next. That is because, in setting rates, auto insurers use a mix of “driving factors” and “non-driving factors.” The former includes an individual’s driving record, the type of car being insured and the number of miles driven; the latter includes age, gender, marital status, credit history and where the driver lives.

The recent hack of the consumer reporting agency Equifax compromised the security of 143 million Americans’ personal information, including Social Security numbers, birth dates, addresses, and driver’s license numbers. The incident serves as a stark reminder of the perils of identity theft and its impact on consumer credit reports. As a response to these concerns, certain credit monitoring and control provisions have been granted to consumers through federal and state. 

On June 22, 2016, President Barack Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, or H.R. 2576, which provides for a major overhaul of the 1976 Toxic Substances Control Act, or TSCA. While TSCA was enacted to regulate chemicals, the U.S. Environmental Protection Agency had only mandated testing on approximately 200 of the tens of thousands of chemicals used in commerce since TSCA’s inception. In addition, the EPA had restricted the uses of only five chemicals in existence before the passage of the TSCA in 1976.

In recent years, many jurisdictions have modernized and eased longstanding alcohol restrictions. In June, both Colorado and Pennsylvania enacted laws that were described as the biggest changes to the industry since Prohibition was repealed.

Frustration and disappointment are often part of the ticket-buying process for people who want to see their favorite megastars live in concert. Single ladies might have a better chance at getting into one of the upcoming Beyoncé concerts than couples and groups, and Adele fans might have more than lost love to cry about when they’re left empty-handed without a ticket to one of her shows this fall. Blame it, at least partly, on bots, software that allows scalpers to quickly snag large quantities of tickets online.

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