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How to Stay off the Hook for TCPA Claims
Many companies use equipment that can dial hundreds, if not thousands, of telephone numbers instantly and automatically. This equipment can also leave pre-recorded messages or, if the call is answered, connect the call with a live operator. Commonly used in the telemarketing, banking and debt-collection industries, this equipment is the only efficient way for companies to communicate with potential and actual customers. Historically, these calls had been made to landlines but, due to the recession and other factors, people have been disconnecting their landlines in record numbers, using only cell phones and sharing their cellular numbers with companies that sell them goods and services. Consequently, more and more calls made by dialer are reaching cell phones.
In response, there has been an outbreak of putative class actions nationwide against companies in different industries alleging that they used this equipment to call cell phones in violation of Telephone Consumer Protection Act (TCPA). Given the sheer number of calls that can be made by these dialers and high penalties under the TCPA, the stakes are high in these cases. For example, Simon & Schuster recently agreed to pay up to $10 million to settle a putative class action by consumers who allegedly received text messages promoting a new Stephen King novel.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.