All Press Releases for April 06, 2023

Marketing Power Attorneys Declare Victory as CMS Final 2024 Rules Omit Key TPMO Restrictions

Heavyweight law firm Troutman Amin, LLP spearheaded industry group's effort to oppose critical provision that would have shut down thousands of small businesses.

"This was a bad proposal from the start and we are so glad we could help kill it." -Eric J. Troutman

    IRVINE, CA, April 06, 2023 /24-7PressRelease/ -- A well-known California-based law firm is declaring victory today following a government agency's decision not to move forward with a controversial rule that would have shut down thousands of small businesses.

The Centers for Medicare and Medicaid Services ("CMS") announced on Wednesday that they would not move forward with a critical proposed change preventing third-party marketing organizations ("TPMOs") from sharing beneficiary information as part of its 2024 final rule. While the proposal was designed to enhance consumer privacy, industry trade groups--including the highly-regarded Responsible Enterprises Against Consumer Harassment ("R.E.A.C.H.")--argued the rule would result in less consumer choice and engagement and would destroy thousands of small businesses that help provide services to seniors seeking information regarding their coverage options.

R.E.A.C.H's advocacy efforts on the subject were spearheaded by Troutman Amin, LLP--a powerful marketing and telecom class action defense lawyers that frequently engages in government advocacy. The firm worked with leading industry participants to fashion a critical comment framing out the likely damage from the rule change:

"[A] business is not just a place where people work. It is a dream that someone turned into reality. Every business takes investment of time, money, and self. No government entity or regulator should carelessly end such a dream or lay such investment to waste without compelling reason—especially where, as here, it is being done without any form of due process."

With the critical TPMO provision rejected by CMS, thousands of employees working for small businesses that work with seniors to find Medicare and Medicaid plans can breathe a sigh of relief.

"This is an amazing day for so many companies and people who had done nothing wrong and yet nearly lost their jobs--in a snap--as a result of government overreach." stated Eric J. Troutman, a partner at Troutman Amin, LLP. "This is a really big story and it is too bad that most major media outlets missed it completely."

Much of the critical briefing supporting the R.E.A.C.H. comment was prepared by two lawyers with backgrounds in Medicare marketing law-- Puja J. Amin and Jenniffer Cabrera, both with Troutman Amin, LLP.

"It feels amazing to have had a hand in obtaining this critical result." Cabrera remarked. "I personally know dozens of people who would have been impacted by this rule."

For her part, Ms. Amin emphasized the thoughtfulness of government actors and the important of the comment process: "On the one hand, this is obviously a massive win for the firm and for industry as a whole. But on the other hand it is also a testament to the responsiveness and intelligence of the staffers at CMS who quickly reversed course in the face of comments from R.E.A.C.H. and other industry actors."

Troutman--a prominent class action defense attorney who is known simply as the "Czar" in many legal world-- was less diplomatic on the victory: "This was a bad proposal from the start and we are so glad we could help kill it. People shouldn't have to worry about the government shutting down their business for no reason. I hate seeing this sort of thing, and I hope I never see it again."

Troutman Amin, LLP is a nationally-recognized complex litigation, marketing and privacy consulting law firm based in Irvine, CA. The firms handles multi-billion dollar complex federal court litigation and provides compliance advice and counseling on emerging privacy and telecom legal issues.

R.E.A.C.H. is a collection of the country's most compliant and consumer-friendly enterprises dedicated to stopping unwanted robocalls and ending consumer harassment.

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Troutman Amin, LLP
Irvine, CA
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