Spectrol

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SOUND ADVANTAGE’S SANDi

The Act establishes special rules for class-action lawsuits pertaining to Y2K failures. Among other things, U.S. district courts will not have jurisdiction over Y2K actions (instead, state courts will) where 1) the primary defendants are citizens of a single state; 2) the primary defendants are states, state officials or other government entities; 3) the suing class does not seek an award of punitive damages and the amount in controversy is less than $10,000; or 4) the suing classconsists of less than 100 members.

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Y2K Upset

The Act provides for a defense known as the “Y2K Upset” defense in a case where a defendant is temporarily not in compliance with federal monitoring or reporting requirements because of a Y2K failure. While the defense is a complete bar to Y2K liability, it is important that the defendant asserting it maintain detailed records to be able to establish the defense. To assert this defense, a party must notify the appropriate federal governmentagency or authority of the noncompliance within 72 hours of becoming aware of the temporary noncompliance. The defense may only be used for a noncompliance of not more than 15 days, and may not be asserted after June 30, 2000. Any defendant subject to federal requirements can assert the Y2K Upset defense, including state and local governments.

Contract Damages

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Damages in Y2K breach-of-contract cases can only be awarded where such damages are authorized 1) by the express terms of the contract,or 2) if the contract is silent on damages, where such damages are provided for under applicable state or federal law.

Duty to Mitigate

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In addition to any duty separately existing under state law, the Y2K Act establishes the duty of a suing party to take action to avoid or minimize the Y2K failure and the resultant damages. This provision excludes from the damages a suing party can seek those damage amounts which could have been avoided based on information available to that party,including information made available by the defendant regarding its product or services, as a means of helping or remedying Y2K problems.

U.S. Territories & Commonwealths

Here are the companies mentioned in this article that make predictive dialing systems and software. For more information about predictive dialing products, visit our Web site at Call Center Magazine .

American Computer and Telephone (AMCAT)

800-364-5518/405-842-7744

Buffalo International

914-747-8500

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