by Eric J. Ellman | Aug 11, 2026
A federal court in Texas granted a trade association’s motion for summary judgment finding that Texas’ medical debt law, Tex. Bus. & Comm. Code § 20.05(a)(5) is expressly preempted. The court also permanently enjoined the state from enforcing the...
by Eric J. Ellman | Sep 7, 2025
In August 2025, the Congressional Research Service published a report, Preemption and Privacy Law (R48667), authored by Chris D. Linebaugh. While Congress may displace state law when it is acting within its enumerated constitutional powers…Congress has largely chosen...
by Eric J. Ellman | Apr 19, 2024
On April 11, 2024, the CFPB sent a letter to Sen. Matt Lesser (D), the chair of the Human Services Committee, about that state’s medical debt ban bill, S.B. 395. The letter was signed by Brian Shearer, the CFPB’s Assistant Director, Office of Policy Planning and...
by Eric J. Ellman | May 19, 2023
In May 2023, the Congressional Research Service issued a report, Federal Preemption: A Legal Primer. The report discusses express, implied, field, and conflict preemption. The report discusses the terms in federal statutes that are commonly used to preempt state law....
by Eric J. Ellman | Sep 27, 2022
In September 2022, U.S. Reps. Patrick McHenry (R-NC) and James Comer (R-KY) sent a letter to CFPB Director Rohit Chopra asking the director for additional information about recent Bureau actions. McHenry is the ranking member of House Financial Services and Comer is...
