Aspen Claims Service

Fifth Circuit Court of Appeals Reverses Lower Court to Uphold HB 148

 Wednesday, June 8, 2011

 Insurance Council of Texas/Texas Committee on Insurance Fraud

The Fifth Circuit Court of Appeals issued an opinion reversing a District court’s decision that prevented enforcement of HB 148 (by Rep. Todd Smith, 2009 session). The Texas legislature passed HB 148 to prohibit telephone and in person solicitation of accident victims for the first 30 days following an accident. The Fifth Circuit ruled that the law was consistent with previously announced U.S. Supreme Court standards for restrictions on these types of solicitations.