Yesterday, we told you about a lawsuit that had been filed challenging the constitutionality of Nevada's new medical debt collection law (SB 248) which goes into effect July 1, 2021. The lawsuit asks the District Court of Nevada to declare SB 248 is unenforceable and grant preliminary and permanent injunctive relief. Yesterday afternoon the federal court set some deadlines related to the filing.
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Earlier this month, the State of Nevada passed a law to regulate medical debt collection (SB 248). The hastily passed new law, which goes into effect July 1, 2021, is, as we say in the south, clear as mud. Of course, some might say using the word “clear” in the same sentence as SB 248 is too generous, and they wouldn’t be wrong.
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The Supreme Court has made its opinion clear: “No concrete harm, no standing.” On June 25, 2021, in an opinion that is sure to influence litigation in the credit reporting and debt collection spheres, the Supreme Court held that a plaintiff who cannot show a statutory violation harmed them lacks standing to bring a lawsuit under Article III of the U.S. Constitution.
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