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'Robocalls' To Stop Today
Headline Legal News | 2009/09/01 09:06
According to Courthouse News, prerecorded telemarketing calls to consumers - commonly known as robocalls - are supposed to stop Sept. 1. The calls will be prohibited whether or not the consumer previously has done business with the seller, and a only a telemarketer with the consumers' written permission to call can get around the rule.

In announcing the prohibition, the Federal Trade Commission Chairman, Jon Leibowitz, said, "American consumers have made it crystal clear that few things annoy them more than the billions of commercial telemarketing robocalls they receive every year." He added, "If consumers think they're being harassed by robocallers, they need to let us know, and we will go after them." Penalties for violating the rule are up to $16,000 per call.

The new requirement is part of amendments to the agency's Telemarketing Sales Rule (TSR) that were announced a year ago.


EPA Tells NY To Submit Better Ozone-Control Plan
Headline Legal News | 2009/08/31 09:04
Courthouse News reports that the Environmental Protection Agency threatened to reject New York's plan to limit ozone emissions, saying the state has not shown that it instituted all reasonably available control technologies and will not meet the 8-hour ozone standard in the New York Metropolitan Area or statewide.

If New York does not submit an acceptable plan to the EPA within 18 months of final disapproval, it could face imposition of a federal implementation plan and limitations on its receipt of federal highway funds.

The Clean Air Act authorized the EPA to establish National Ambient Air Quality Standards that apply to outdoor air throughout the United States.


Wal-Mart Fired Man For Washing In Bathroom, Class Action Claims
Headline Legal News | 2009/08/28 10:27
Courthouse News reports that Deloitte Consulting fired a man after co-defendant Wal-Mart Stores complained he washed in a bathroom as part of his daily Muslim prayer ritual, Mohammed Memon claims in Houston Federal Court.

The EEOC sued GKN Driveline North America for firing a Santerian who says he can't submit a saliva test for any reason other than a religious one, in Greensboro, N.C., Federal Court.

Class-action complaints alleging Labor Code violations have been filed against a number of defendants, including National Envelope Corp., and Pacwest Security Services, in Los Angeles Superior Court as well as AT&T Services, and Poulsen Construction, in San Francisco Federal Court.


8th Circuit Backs School District Consolidation
Headline Legal News | 2009/08/27 09:09
According to Courthouse News, the 8th Circuit dismissed a challenge to an Arkansas law requiring small school districts to consolidate or be annexed by another district. Judge Gruender said the law makes school districts more cost-effective and efficient.

A group of taxpayers and parents banded together in 2004 to challenge the state Board of Education's decision to consolidate Lake View School District with the Barton-Lexa School District.

The consolidation was mandated by Act 60, which requires school districts with fewer than 350 students to be consolidated or annexed by another district.

Calling themselves the Friends of Lake View, the opponents of consolidation sued the state, its governor, the commissioner of the state's Department of Education and the Arkansas Board of Education.


FTC Reins In 'Debt Relief'
Headline Legal News | 2009/08/26 15:49
According to Courthouse News, the Federal Trade Commission plans to combat telemarketers who advertise "debt relief services" that make deceptive representations to consumers. The agency's new regulation under the Telemarketing Sales Rule would prohibit misrepresentation and requires certain disclosures for consumer protection.

Such services often advertise they can reduce consumers' interest payments by specific percentages or minimum amounts, in exchange for a fee of hundreds of dollars, and falsely purport to be affiliated, or have close relationships, with consumers' creditors.

The Telemarketing Sales Rule requires that telemarketers soliciting sales of services promptly disclose the identity of the seller; the fact that the purpose of the call is to sell goods or services; and the nature of the goods or services being offered. The FTC would require the disclosure of the total cost of the debt reduction service being offered and the cost of repaying the consumer's debt.


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