| Volume 136 Number 4 |
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The People’s Lawyer’s Tip of the Day
Small Claims Court may be gone from Texas, but Justice Court has taken its place. Justice Court is the real People’s Court, where you can sue for up to $10,000. Click here for more.
FTC and DOJ Case Results in Historic Decision Awarding $280 Million in Civil Penalties against Dish Network and Strong Injunctive Relief for Do Not Call Violations
As the result of Do Not Call (DNC) litigation brought by the U.S. Department of Justice on behalf of the Federal Trade Commission, as well as the states of California, Illinois, North Carolina, and Ohio, a federal court in Illinois has ordered penalties totaling $280 million and strong injunctive relief against Englewood, Colorado-based satellite television provider Dish Network. The U.S. District Court for the Central District of Illinois found Dish liable for millions of calls that violated the FTC’s Telemarketing Sales Rule (TSR) -- including DNC, entity-specific, and abandoned-call violations -- the Telephone Consumer Protection Act (TCPA), and state law. The civil penalty award includes $168 million for the federal government, which is a record in a DNC case. The remainder of the civil penalty was awarded to the states. The $168 million judgment is the largest civil penalty ever obtained for a violation of the FTC Act.
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Your Money
On June 9, 2017, the financial services world changed forever, as more financial advisors than ever are now acting under a fiduciary standard of care. This new rule means that the advisor needs to act in the best interest of the client. However, be advised that this rule does not require the financial advisor to provide fiduciary level advice on all investments and advice, but only those pertaining to retirement accounts like 401(k)s and IRAs. What does this new regulation mean for consumers? Certain fees for mutual funds, annuities, and other investment options have already been reduced substantially since the rule was announced and you can likely expect continuing modifications to fee structures throughout the rest of 2017. Additionally, some companies and financial advisors will be moving away from commission-based fees and compensation, and moving toward a flat fee-based model. Click here for more.
For the Lawyers
Non-signatory cannot rely on equitable estoppel to compel arbitration. In a case involving the sisters Kim, Kourtney and Khloé Kardashian the Eleventh Circuit held that they could not rely on the doctrine of equitable estoppel to force Kroma Makeup, EU to arbitrate its cosmetics trademark infringement claims. In a straightforward opinion, the court found that it would be inequitable to compel a party to arbitrate its claims against a non-party to the arbitration agreement when the agreement specifically limited arbitration to disputes arising between the parties. Kroma Makeup EU, LLC v. Boldface Licensing + Branding, Inc., (11th Cir. 2017) Click here for more.