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COBRA Class Action Lawsuit Regarding Election Notices

In a recent class action lawsuit, Bryant v. Walgreen Co., a group of terminated employees alleged that the employer’s COBRA notice failed to comply with COBRA’s rules and regulations because the notice was actually TWO notices—one notice provided COBRA enrollment information and the other notice provided information about COBRA continuation coverage. In addition, the terminated employees alleged that the COBRA notices failed to include specific information required under COBRA. For example, the terminated employees alleged that the notices failed to provide enrollment information and an election form—although the notices provided a phone number for individuals to call with questions.

The court dismissed nearly all of the terminated employees’ claims. The court held that, while COBRA’s rules and regulations may refer to a “Notice,” there is nothing that prohibits an employer from providing two notices that together provide the required information. The court further found that the terminated employees failed to show how the combined notices failed to provide the terminated employees with sufficient information as to their COBRA rights.

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