On Jan. 9, ACA and co-plaintiff Specialized Collection Systems Inc. filed a lawsuit (PDF) in the U.S. District Court for the Southern District of Texas, Houston Division, also challenging the CFPB’s rule.
It seeks to prevent the rule from taking effect for not only its impact on health care providers’ ability to recoup monies owed and patients’ future access to health care, but also for the CFPB’s lack of statutory authority to implement such a rule and its overbroad approach that violates the First Amendment of the U.S. Constitution.
The lawsuit, filed through ACA’s legal partner Brownstein Hyatt Farber Schreck LLP, is part of ACA's fight against government overreach and its unreasonable demands on behalf of members to achieve positive solutions and to ensure regulators follow the law.
ACA supports and is on a parallel effort working toward shared goals with CDIA and the Cornerstone Credit Union League as it continues its own fight against government overreach and its unreasonable demands.
Later in January, ACA filed a motion for a preliminary injunction also seeking to prevent the rule from going into effect and a hearing in the case, ACA previously reported.
ACA is awaiting a response from the CFPB and a possible hearing on the preliminary injunction request.
