08 January 2008

ERISA should meet FCRA

A while back I promised a proposal to amend ERISA. I will make it short unless someone requests more detail.

The Fair Credit Reporting Act (FCRA) provides for damages, both statutory and actual, and attorney fees. For example, if a credit reporting company messes up your credit report and causes you to be denied credit, you can sue them for damages + attorney fees. This is good.

In contrast, ERISA does not have this. For example, if your health insurer wrongfully denies a treatment and this denial causes poor health or death, you can sue them for the cost of the procedure, but no other damages or attorney fees. This is bad.

Therefore, ERISA should provide for damages and attorney fees like FCRA does. That was easy.

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