AARGON AGENCY, INC. v. O'LAUGHLIN

No. 22-15352.

70 F.4th 1224 (2023)

AARGON AGENCY, INC., Nevada corporation; Allied Collection Services, Inc., a Nevada corporation; Assetcare, LLC, a Texas limited liability company; Capio Partners, LLC, a Texas limited liability company; CF Medical, LLC, a Nevada limited liability company; Clark County Collection Service, LLC, a Nevada limited-liability company; Collection Service of Nevada, a Nevada corporation; Nevada Collectors Association, a Nevada non-profit corporation; Plusfour, Inc., a Nevada corporation; RM Galicia, Inc., doing business as Progressive Management, LLC; The Law Offices of Mitchell D. Bluhm & Associates, LLC, a Georgia limited liability company, Plaintiffs-Appellants, v. Sandy O'LAUGHLIN, in her capacity as Commissioner of State Of Nevada Department Of Business And Industry Financial Institutions Division, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2023.


Attorney(s) appearing for the Case

Patrick J. Reilly (argued), Brownstein Hyatt Farber Schreck LLP, Las Vegas, Nevada; James K. Schultz , Sessions Israel & Shartle LLC, San Diego, California; David Israel , Sessions Fishman Nathan & Israel LLC, Metairie, Louisiana; for Plaintiffs-Appellants.

Kiel Ireland (argued), Deputy Attorney General; Office of the Nevada Attorney General; Carson City, Nevada; Akke Levin , Deputy Attorney General; Steven Shevorski , Chief Litigation Counsel; Aaron D. Ford , Attorney General of Nevada; Office of the Nevada Attorney General; Las Vegas, Nevada; for Defendant-Appellee.

Rusty Graf , Black & LoBello, Las Vegas, Nevada; James Wadhams , Black & Wadhams PLLC, Las Vegas, Nevada, for Amicus Curiae Nevada Hospital Association.

Dissent by Judge VanDyke


OPINION

In June 2021, Nevada enacted Senate Bill 248 ("S.B. 248"), Act of June 2, 2021, ch. 291, 2021 Nev. Stat. 1668, in response to the COVID-19 pandemic. S.B. 248 requires debt collectors to provide written notification to debtors 60 days before taking any action to collect a medical debt. Plaintiffs are...

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