Recipients of a Notice of Violation can search public records, the courts and the California Office of the Attorney General for information about the Noticing Party and search one by one through prior filings. Or the Alleged Violator and their defense counsel can turn to the Prop 65 Datalytics Engine (DE) which can provide complete overview of the previous Notices of Violation (NOV’s), Settlements and Judgements of both the Noticing Party and their Plaintiff Law Firm. In addition the data can show the number of similar NOV’s filed by the Noticing Party against manufacturer’s of similar products and their retailers and distributors. Next, the DE can show whether this is a Noticing Party that settles quick or one that drags the process out to force reformulation and recalls or maximize fines and fees. This capability also allows Prop 65 Datalytics to quickly analyze and prescribe a Prop 65 Warnings program to help curtail the accumulation of non-contingent penalties and help defense counsel prepare mount a defense and/or settle quickly. In some cases a quick analysis and implementation can hold penalties down to a technical violation if compliance with the P65 WARNINGS can be implemented and certified within 14 days.
What information is available about the history and track record of Prop 65 Noticing Parties also known as Private Enforcers or Bounty Hunters?
Jul 31, 2019 | FAQs