Plaintiff’s brought suit against a travel agency and a group of cruise line companies alleging that marketing calls offering a free cruise violated the Telephone Consumer Protection Act (TCPA) as the calls were allegedly made without the requisite consent. Over a multi-year period the travel agency allegedly placed hundreds of millions of calls to consumers claiming the call recipient had won a free cruise. Ms. Daley was retained by the cruise line defendants to examine the data relating to the calls as well as the underlying business records associated with consumer consent including third party lead lists. Ms. Daley’s report identified multiple mistakes and false assumptions regarding the configuration of the dialer database made by Plaintiffs’ expert, including the fact that the database did not document what recordings were played to any number dialed, making it impossible to determine which telephone numbers received recordings offering free cruises. The case was favorably settled during the pendency of class certification motions.
What Have We Learned From Empirical Studies? Potential Antitrust Concerns Arising From Common Ownership
There is a growing interest in understanding the “ownership interests hypothesis,” i.e., whether investors holding interests in competing firms will soften...