The Department of Justice (DOJ) recently took the uncommon step of submitting an amicus brief to weigh in on a motion to dismiss. TIKD Services, LLC v. The Florida Bar, No. 1:17-cv-24103 (S.D. Fla. filed Nov. 8, 2017), Dkt. 115. Specifically, the DOJ intervened to clarify whether the analysis set forth in the Supreme Court’s decision in North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015), about which we wrote here and here, applied to the Florida Bar’s attempts to regulate a new technology that simplifies contesting a traffic ticket in Florida.
In TIKD Services, the plaintiff TIKD developed a cellphone app for drivers who receive a traffic ticket. The app allows the user to upload the ticket, pay a fixed fee and contest the ticket without having to appear in court. Although the app developer is not an attorney, the user’s case is assigned to one of a network of independent attorneys licensed in Florida, and the user and the attorney enter into a separate representation agreement.