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Class-action lawsuits in 2024 over alleged Telephone Consumer Protection Act (TCPA) violations have risen for the second consecutive year. In October alone, a record-breaking 115 TCPA class-action cases were filed, starkly contrasting the 62 cases filed during the same month two years prior. According to TCPA World, 915 TCPA class actions were filed this year through October, compared to 760 during the same period last year.
With changes to TCPA regulations in 2025, TCPA lawsuits will likely ramp up even further. This trend highlights the growing importance of compliance for organizations engaging in telemarketing activities.
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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.
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.
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.
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This article explores legal developments over the past year that may impact compliance officer personal liability.