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There’s An App ForThat

Xerxes MartinRobbie Malone, PLLC

Porter Heath MorganMorgan Financial Group

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Legal DisclaimerAny content included in this presentation or discussed duringthis session (“Content”) is presented for educational andgeneral reference purposes only. ACA International, eitherdirectly or indirectly through speakers, independentcontractors, employees or members of ACA International(collectively referred to as “ACA”) provides the Content as acourtesy to be used for informational purposes only. TheContents are not intended to serve as legal or other advice.ACA does not represent or warrant that the Content isaccurate, complete or current for any specific or particularpurpose or application.

This information is not intended to be a full and exhaustiveexplanation of the law in any area, nor should it be used toreplace the advice of your own legal counsel. ACA is the soleowner of the Contents and all the associated copyrights.ACA hereby grants a limited license to the Contents solely inaccordance with the copyright policy provided atwww.acainternational.org. By using the Contents in any way,whether or not authorized, the user assumes all risk andhereby releases ACA from any liability associated with theContent.

The views and opinions of the speakers expressed herein aresolely those of the presenters and not ACA International.

Agenda

I. Types of Apps that are availableto consumers

II. How to recognize consumersusing the Apps

III. How to use the Apps to youradvantage

IV. How to defend App technology

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What are “Apps”

• The term ‘app’ stands for a computerapplication on the mobile device.

• Apps can be e-books, interactivereference materials, training modules,medical software devices, datacollection tools, interactive patienthandouts, etc.

Finding Apps

• Apple’s App Store for iPod, iPhone andiPad- Largest store - Over 350,000 apps

• Google’s Android Market for Android mobiledevices– Fastest growing market - Over 250,000 apps

• Google Play• Amazon Kindle• Blackberry App World, Nokia Avi Store,

Windows 7 Phone Marketplace, and Third-party app stores

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The Importance of Apps to theConsumer

• Characteristic of Today’s Consumer”:

– Ease of Access to Internet & Social Media

– Feedback Culture

– Online Research Culture

– Online Complaint Culture

• Aggressive and Innovative Marketingfrom Consumer Attorneys

Consumer Apps in theMarketplace

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Harvey Rephen & Associates P.C.

Stop Calls Get Cash

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CallWatch

CallWatch

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CallDetector

CallWatch

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Block Calls Get Cash

Block Calls Get Cash

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Block Calls Get Cash

RoboKiller

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RoboKiller

Metro Block-It• Own website:

• “Know why theyare calling: CallCenternotificationsenable customersto take immediateaction againstDebt CollectorsandTelemarketers”

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Metro Block-It• “File FTC

complaintsagainst unlawfuldebt collectors,abusivetelemarketersand illegall callerswith name iD’sFTC Complaintfunctionality.”

Metro Block-It• Block Numbers

• FTC Complaints

• Create FTCComplaint

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Metro Block-It

• Block Numbers

• FTC COMPLAINTS

• CREATE FTCCOMPLAINT

Metro Block-It

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Metro Block-It

Metro Block-It

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Metro Block-It

• 12. “Unbenknownst to Hussin at thetime, in or around October of 2013,Stalnaker [the CEO of PrivacyStar]entered into an agreement withLemberg whereby PrivacyStarprovided Lemberg with the namesand telephone numbers of users whofiled a complaint with the FTC….”

Metro Block-It

• 13. “PrivacyStar processed thousands ofFTC complaints on a monthly basis, whichresulted in a high volume of referrals toLemberg’s firm.”

• 14. “Upon obtaining the contactinformation from PrivacyStar, Lemberg’sintake staff then called the PrivacyStarClients to request information about theunwanted caller.”

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Metro Block-It

• 17. “Most of Hussin’s PrivacyStar Clientshad no idea they were speaking to a lawfirm when they provided details of theunwanted caller to the Firm.”

• 18. “Most of Hussin’s PrivacyStar clientshad provided details to the Firm believingit was in furtherance of their FTCcomplaint, and they were unaware thepurpose of the Firm’s call was related tolegal services.”

Metro Block-It

• 20. “Some of Hussin’s PrivacyStar clientsthought they were speaking to the FTC ora government entity when they provideddetails of the unwanted calls to the firm.”

• 35. “Unbeknownst to Hussin, Lemberginstructed his paralegals to prepare adraft complaint for new PrivacyStarClients even if the paralegal could notreach the client to confirm the facts.”

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SPOOF CARD

SPOOF CARD

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SPOOF CARD

How to Spot the Apps BeingUsed

• Spoofcard –

– No record of calls in the call log

– No recordings of the calls

– Collector acts out of the norm, does notfollow scripts

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How to Spot the Apps BeingUsed

• Spoofcard –

– Calls fall outside of regular call times oroffice hours

– Search for Plaintiff on debtor boardsdiscussing it

How to Spot the Apps BeingUsed

• Spoofcard –

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How to Spot the Apps BeingUsed

• Metro Block / Privacy Star –

– Opposing counsel – Lemberg, Hyslip &Taylor, Kimmel Silverman

– Request their call records – Who is the cellphone carrier?

– Discovery

How to Spot the Apps BeingUsed

• Metro Block / Privacy Star –

– Search for Plaintiff on debtor boards

– Search for Plaintiff in testimonials and appreviews

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How to Defend a Case with aPossible App

• Requests for Production: Phone bill

• Interrogatories: Identify carrier

• Deposition – either make them fold byhaving to produce their client, or gettestimony

• Cell phone forensics – get the cellphone inspected by an expert todetermine what apps have beeninstalled and used

How to Defend a Case with aPossible App

• Use the spoofcard legal request formor subpoena

• Subpoena communications fromMetro PCS and Privacy Star regardingthat number

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