July, 2016 | Dolan Law Firm

Are Robocalls To My Telephone Legal?

This week’s question comes from Jane in San Francisco who writes: “I am pestered from 8 a.m. to 9 p.m. by “robocalls” that have no person on the line when I say hello even though I am on the “do not call list”. The numbers they call from are either blocked or not functional when I try to call them back. Help! Is this legal?

Jane, every reader of The Examiner, including myself, feels your frustration. These calls are not legal. Under the Telephone Consumer Protection Act (TCPA) and subsequent federal legislation, including the Do Not Call Implementation Act of 2003, “robocalls” or prerecorded telemarketing messages are illegal unless you have given the company written permission to call you. The prohibition also covers text messages to wireless numbers.

Are E-Cigarettes Safe To Use?

Lisa from Petaluma asks, “I see so many young people vaping today. Is vaping safe? Why do e-cigarettes explode? If someone is burned, what are their legal rights?”

Lisa, the use of e-cigarettes, e-pens, e-pipes, e-hookah, and e-cigars is seen by many as a “safer” way to ingest nicotine than smoking. Sales of these devices are skyrocketing and expected to exceed $10 billion by 2018. While users do not inhale cigarette smoke, which is a witches’ brew of toxin and carcinogens, nicotine itself is not safe. Moreover, multiple studies have shown the vapor from e-cigarettes contains harmful chemicals.

Tech Employees as Whistleblowers: False Claims Act Summary

Amit writes: “Chris, I work for a tech firm that sells products to a federal agency under a contract requiring a 5 to 20% discount, depending on the product sold, off of the price the company charges private businesses for the same products. My company discounts its list prices if that is what it takes to make the sale to other businesses. This happens all the time. But the discount we give the government is based on solely on our list prices. This bothers me. What can I do about this?”

Amit, you are not alone. Over the past few years, many employees in the tech industry nationwide have stepped forward as whistleblowers because their companies defrauded federal agencies. Promising a federal agency a price discount compared to what private businesses are charged and then not providing the discount when charging for the item violates the False Claims Act.

Can I Sue My Apartment Owner For An Injury: Premises Liability Explained

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Sophie from South San Francisco writes: “I recently moved into an apartment and was taking the trash out at night. I didn’t realize, nor see because the overhead light was out, that there was a curb outside the rear door leading to the dumpster that had been built by the owner to keep the dumpster from rolling, I tripped, fell, and broke my ankle. Is my landlord at fault?”