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A data marketing company is seeking to permanently block the US Labor Department from determining that its unique health insurance program does not qualify as an employee benefit plan under federal law. The agency has characterized the request as unnecessary and premature in response to a federal district court in Texas, where the company previously successfully challenged a 2020 DOL memo stating the same.

The company is now seeking an injunction to affirm its position on remand, but the agency argues that granting such an injunction would limit their ability to regulate similar programs and potentially give the company an unfair advantage in the marketplace. The outcome of this case could have significant implications for other programs and how they are regulated moving forward.

As a journalist, it is crucial to carefully consider the implications of granting the injunction and ensuring that the company’s program complies with all relevant laws and regulations. This case highlights the challenges of regulating innovative new business models and striking a balance between promoting innovation and protecting consumers.

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