Compliance Stuff

Effective September 1, 2025, Texas Senate Bill 140 (SB 140) materially expands the scope of the T exas Business and Commerce Code §§ 301-305 (Mini-TCPA) governing both telephone and SMS marketing. The statute requires registration and posting of a bond, lowers procedural barriers to private litigation, and increases both private and governmental enforcement exposure. The principal changes and recommended compliance measures are outlined below. A violation of any provision of the Mini-TCPA is now expressly deemed an “unfair and deceptive practice” under Texas law, exposing violators to statutory damages of not less than $500 and not more than $1,500 per unlawful call or text. In addition, the Texas Attorney General is authorized to seek civil penalties of up to $5,000 per violation. These monetary enhancements, combined with the removal of the reporting prerequisite, are expected to generate increased class action activity in Texas state and federal courts. A seller that makes telephon...

Colorado Governor Jared Polis just called for a special legislative session starting August 21 to revisit the state’s landmark artificial intelligence law, signaling that employers and businesses may gain a reprieve from what is slated to be the nation’s most restrictive AI law. The law, set to take effect February 1, 2026 , would impose first-in-the-nation restrictions on high-risk AI systems used in employment and other consequential decisions . But growing concerns from industry, regulators, and lawmakers triggered yesterday’s push by the Governor to pause, revise, or fine-tune the legislation before the clock runs out. Here’s what’s happening, the three possible paths we foresee during this session, and what your organization should be watching for. A Quick Recap: What Will Colorado’s AI Law Actually Do? Signed in May 2024, SB 205 sets out a comprehensive framework to curb algorithmic discrimination in employment, housing, lending, and a slew of other areas.   You can read a fu...

 ERISA: Over the Hill and Still Thriving Throughout 2024, we have honored ERISA's 50th year by highlighting the major concepts of this foundational federal benefits law in our Benefits Boost! series. To round out the year, we highlight our Boosts and Gallagher's ERISA resources to help you comply. Is your benefits subject to ERISA? Reiew our step-by-step too:  How to Determine if Your Benefits are Subject to ERISA. Learn to apply the ERISA exemptions properly in ERISA Exemptions: A "Payroll Practice" and ERISA Exemption #2: Voluntary Plan Safe Harbor. Participant disclosures  are the core of ERISA. Verify that you satisfy the requirements in Summarizing Delivery Deadlines. Participants have the right to request documents as well.  Stay in compliance with an often-overlooked plan obligation in The Dos and Dont's to Document Requests. Annual reporting is required and mistakes can be costly: EBSA Searching for Missed Form 5500s. Stay audit ready  with DOL Audits: S...