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  • TCPA UPDATE: Failed Merger Leads to Failed TCPA Claim Against Both Sender & Service Provider

    On February 22, 2016, the U.S. District Judge Joan H. Lefkow of the Northern District of Illinois granted defendants’ motion for summary judgment dismissing plaintiff’s claims based on violations of the Telephone Consumer Protection Act (TCPA). In Payton v. Kale Realty, LLC, Case No. 13 C 8002 (N.D. Ill.), Plaintiff voluntarily provided Defendant Kale, a real-estate company, with his personal cellphone number when he was in discussions with Kale about a possible merger with his business. Two years after the merger discussions terminated, Kale sent a text to Payton’s personal cell via a third-party communication service provider, VoiceShot, that contained the following: “Kale Realty named 2013 Top 100 Places to Work by Tribune – We pay 100% on sales – Reply or visit http://joinkale.com to learn more.” In doing this, Kale provided VoiceShot with Payton’s cell number, the content, and the date on which it was to be sent.
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  • Some Good News for the Good Guys: Retailer Wins Illinois Qui Tam Ruling

    The serial "whistleblower," Stephen Diamond, P.C., has lost another trial in Illinois. After a bench trial in the Circuit Court of Cook County, Judge Mulroy ruled in favor of the defendant retailer, Lush Internet, Inc. ("Lush Internet"), in another of the hundreds of qui tam actions filed by Diamond ("Relator") based on alleged fraud for failure to pay sales and use tax.
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  • SEC Whistleblower Focus Has Been Busy To Date in 2016

    The SEC enacted a whistleblower program in 2011, similar to the Federal False Claims Act and the numerous state false claims acts. In like fashion, someone who voluntarily provides information to the SEC that leads to a successful prosecution may be awarded 10% - 30% of the enforcement funds collected in excess of $1 million. To date, the program has paid out more than $57 million to 26 whistleblowers.
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About HMB Law

Welcome to HMB's SALT & Pepper blog. As the title suggests, this blog tracks important and emerging issues, trends and developments that affect our clients not only in State and Local Tax (SALT) but also in other disciplines and industries. This blog is designed to be a helpful resource. We hope our readers will find it practical, insightful and valuable.

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