TCPA Ruling: Text Asking Patient To Rate The Doctor

By Sheila Raftery Wiggins

A California federal court ruled that a text asking a patient to rate the doctor – sent minutes after the examination by a company that contracts with the health care provider to send Patient Satisfaction Surveys – does not alone satisfy an inference that the text was sent by an Automatic Telephone Dialing System (“ATDS”) within the definition of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”).  Continue reading “TCPA Ruling: Text Asking Patient To Rate The Doctor”

TCPA Ruling: Health Insurance “Update” Fax Is Not A TCPA Advertisement

By Sheila Raftery Wiggins

A federal court ruled that a fax sent by a pharmacy benefit manager (“PBM”) to healthcare providers notifying recipients of changes to insured parties’ coverage for prescriptions – the fax mentioned the PBM’s business but did not promote any products or services – did not constitute an “advertisement” under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”).  The court applied the “commercial nature” test for a TCPA advertisement. Continue reading “TCPA Ruling: Health Insurance “Update” Fax Is Not A TCPA Advertisement”

NFTs and Fraud – a new frontier? “It’s art… but not as you know it!”

Non-fungible tokens (NFTs – digital assets which are not traded on exchanges, but instead are tokens which represent the ownership of a digital file (for example, a photo or digital art)) have exploded onto the digital asset ‘scene’ over the last 18 months or so.  They are generally (but not always) built on the Ethereum blockchain.  NFTs are bought and sold using cryptocurrency, but not traded on exchanges. Instead, they are purchased through specialist third party auction sites or sold/transferred privately.

The speed of mass NFT adoption has created significant opportunity (in the wake of the increase in value of NFTs, and also allowing content creators to monetise their services by tokenising art and music) but also exposed potential for the system to be exploited.

To read the full text of this blog post by Duane Morris attorney Chris Recker, please visit the Duane Morris London Blog.

Recent Developments on Cryptocurrency and Fraud in the UK

We are now starting to see a variety of cryptocurrency related frauds appearing before the English Court. Following the decision in AA v Persons Unknown [2019] EWHC 3556 (Comm) (where an insurer was granted a proprietary injunction as part of its strategy to recover a ransomware payment which had been negotiated and paid in Bitcoin) the English Court has dealt with several cases relating to cryptocurrency.

To read the full text of this blog post by Duane Morris attorney Chris Recker, please visit the Duane Morris London Blog.

J5 Countries (Including the U.S. and UK) Are Laser-Focused on FINtech Companies

By Hope Krebs, Partner, Duane Morris LLP

This week the Joint Chiefs of Global Tax Enforcement (J5) brought together investigators, cryptocurrency experts and data scientists in a coordinated push to track down individuals and organizations perpetrating tax crimes around the world.  The J5 (which is comprised of the Australian Taxation Office (ATO), the Canada Revenue Agency (CRA), the Dutch Fiscal Information and Investigation Service (FIOD), Her Majesty’s Revenue and Customs (HMRC) from the United Kingdom and the U.S. Internal Revenue Service Criminal Investigation Division (IRS-CI)) has been working together since 2018 to gather information, share intelligence and conduct coordinated operations in each country’s fight against transnational tax crime.

The annual meeting (referred to by the J5 as “The Challenge”) was focused this year on Financial Technology (FINtech) companies. In its press release issued March 25 (IR-2021-64), the IRS acknowledged that many FINtech companies have adopted compliance regulations and are partnering with governments and law enforcement in prohibiting financial crime.  However, the IRS cautioned that due to the online nature of the products, the novelty and the lack of regulation and compliance in some areas, the FINtech industry can be used by tax avoiders and money launderers to commit crimes.

This year the J5 Challenge was held virtually and split into multiple phases. In the first phase of the Challenge, legal experts from the five countries discussed the fiscal, compliance and criminal options that each country had regarding FINtech companies. During the second phase, the five countries developed a list of specific companies where leads suggested criminal behavior.  By the conclusion of the Challenge, the IRS press release stated that each country identified specific companies that will be a part of their investigations.

The IRS press release also touted two successes this month resulting from J5 collaboration – the early-March indictments of the CEO and an associate of Sky Global on charges that they participated in a criminal enterprise that facilitated the transnational importation and distribution of narcotics through the sale and service of encrypted communications devices, followed by the ten-count indictment earlier this week charging Jason Peltz with securities fraud, money laundering, tax evasion and a variety of other offenses.

This appears to be just the beginning of the J5’s coordinated efforts to clamp down on the use of the FINTech  industry by those seeking to evade taxes and committing financial crimes. For more on the J5, visit the IRS website.

UK National Security & Investment Bill

Over the past decade, the UK has seen foreign direct investment worth three-quarters of a trillion dollars. One of the key elements of the UK government’s strategy for 2021 and beyond must inevitably be to maintain and enhance the UK’s attractiveness as a place to invest and conduct business.

To read the full text of this Duane Morris Alert, please visit the firm website.

We also direct your attention to another Alert discussing the issue of foreign direct investment in Europe in a broader context influenced by the COVID-19 pandemic.

© 2009- Duane Morris LLP. Duane Morris is a registered service mark of Duane Morris LLP.

The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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