2019 Trends and Developments in the TCPA: How Will It Affect the Future of Litigation and Compliance
With the rapidly evolving technological landscape, the ways and means of communicating have become more accessible and affordable to ordinary people. Consumer-facing companies have made use of these easily accessible means to reach out to potential clients through phone call or text message marketing.
However, as technology advances, the legal and regulatory landscape must also keep up, thus, the updates and developments on the Telephone Consumer Protection Act (TCPA).
TCPA lawsuits have been growing in numbers in the recent years and are steadily increasing along with the recent trends and regulatory developments. Telemarketing companies, their counsel, and other concerned professionals must keep themselves abreast of these changes to be able to implement policies for maximum compliance, thus, avoiding potential exposure to liabilities.
In a LIVE Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant and latest issues, trends, and developments surrounding the TCPA as well as their effects on the future of litigation and compliance.
Key topics include:
- TCPA Over the Years
- Significant Trends and Updates
- Notable Cases
- Compliance Issues and How to Address Them
- Best Litigation and Compliance Strategies
- TCPA Outlook
Thomas A. Woods, Partner
Stoel Rives LLP
- What is the issue? - A brief overview of the consent and revocation requirements, per ACA International v. FCC
- What’s going on recently at an industry-level -- given the cases -- that may limit the application or reach of the TCPA on the issue of “consent”
- Industry’s reliance on a “reasonable belief” that a solicitation or call is “welcome” and does not violate the Act? An analysis of: Golan v. FreeEats.com, Inc., July 16, 2019.
- Industry’s efforts to obtain agreement on “express methods” for consumers to “opt-out” of having given consent for solicitations. The Court in ACA International v. FCC thought (but said nothing definitive nothing one way or the other), about the circumstance where Callers and Consumers can privately contract with each other before the call or solicitation was made
- Van Patten -2017
- Epps v. Earth Fare, Inc. - 2017
- Barton v. Credit One Financial - 2018
- ACA International v. FCC - 2018
- What do these cases, taken together, seem to be saying to a large number of industries and companies subject to the Act?
- Why is this important (maybe more so than considering the Constitutionality of the Act)?
Amisha R. Patel , Associate
- TCPA liability for use of an ATDS in statute and statutory exceptions permitting use
- TCPA definition of ATDS
- FCC Guidance on Autodialers
- 2003 and 2008 Orders
- 2015 Declaratory Ruling
- ACA In’l v. FCC (D.C. Cir. 2018) invalidating portions of the FCC’s 2015 Ruling
- Defining an ATDS after ACA Int’l – courts appear to be taking vastly different approaches and the bar appears to be anxiously awaiting guidance on this issue from the FCC.
- Emerging Circuit Split
- Ninth Circuit: Marks v. Crunch San Diego, LLC (2018); Duguid v. Facebook, Inc. (2019) (affirming the Marks holding)
- Third Circuit: Dominguez v. Yahoo, Inc. (2018)
Thomas C. Blatchley, Partner
Gordon Rees Scully Mansukhani, LLP
- Ringless Voicemail
- Direct and Vicarious Liability
- Avoiding TCPA Claims and Defense Strategies – Practice Considerations and Practical Pointers
- Recent Rules/Legislation
Who Should Attend:
- TCPA Compliance Companies
- Telemarketing Companies
- Media and Telecommunications Attorneys
- Marketing Executives
- In-house Counsel
- Compliance Officers
- Private Companies
- Other Related/Interested Professionals
Tom Woods is a complex civil litigator with multiparty, mass tort and class action litigation experience. He represents corporate and individual clients in state and federal courts, and at arbitration, in cases involving a range of issues including: real estate and financial services disputes; breaches of contract; breaches of fiduciary duties and duties of loyalty; misappropriation of trade secrets; fraud; negligence; contractual and equitable indemnity; unfair, unlawful and fraudulent business practices; and shareholder derivative claims. Tom’s corporate clients span industries from lenders to loan servicers, to medical device and household product manufacturers.
Tom Woods is a complex civil litigator with multiparty, mass tort and class action litigation experience. He represents corporate and …
Amisha R. Patel, an associate at Dechert LLP, focuses her practice on complex commercial litigation, class action defense, and white collar investigations. Ms. Patel has experience at all stages of litigation, including drafting pleadings and motions, successfully arguing motions, taking and defending depositions, and preparing for trial. She regularly advises clients regarding litigation strategy and effective case management. She also routinely manages complex discovery. Ms. Patel has represented clients in state and federal courts, and before the U.S. Federal Trade Commission and foreign competition authorities. She has litigation experience in a variety of industries, including automotive, consumer products, telecommunications, life sciences, oil and gas, and sports.
Amisha R. Patel, an associate at Dechert LLP, focuses her practice on complex commercial litigation, class action defense, and white …
Tom Blatchley is a partner in the firm’s Hartford, Connecticut office. He represents a variety of clients in complex commercial litigation in federal and state courts across the country. Tom represents national and regional businesses, including retail, consumer products, energy, financial services, debt collection, and medical institutions in individual plaintiff and nationwide class actions arising out of federal and state consumer protection and unfair competition laws, including the Telephone Consumer Protection Act (TCPA), FDCPA (Fair Debt Collection Practices Act), and FCRA (Fair Credit Reporting Act). Tom has significant experience defending clients against autodialer or ATDS, junk fax, text, and ringless voicemail actions and has secured numerous early or voluntary dismissals and favorable settlements in TCPA cases. Tom also advises clients on TCPA and consumer protection compliance, as well as resolution of pre-litigation demands.
Tom Blatchley is a partner in the firm’s Hartford, Connecticut office. He represents a variety of clients in complex commercial …
Print and review course materials
Method of Presentation:
General knowledge of consumer protection laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Stoel Rives LLP
Stoel Rives is a leading U.S. corporate and litigation law firm. One of the largest national firms focused on energy, natural resources, climate change and the environment, Stoel Rives also serves the agribusiness, food and beverage, health care, life sciences, and technology industries. With more than 350 attorneys operating out of 10 offices in seven states and the District of Columbia, Stoel Rives is a leader in regulatory and compliance matters, and business, labor and employment, intellectual property, land use, and real estate development and construction law.
About Dechert LLP
Dechert is a leading global law firm with 26 offices around the world. The firm advises on matters and transactions of the greatest complexity, bringing energy, creativity and efficient management of legal issues to deliver commercial and practical advice for clients.
About Gordon Rees Scully Mansukhani, LLP
As the only law firm with offices and attorneys in all 50 states, Gordon & Rees delivers maximum value to their clients by combining the resources of a full-service national firm with the local knowledge of a regional firm. Featuring more than 900 lawyers nationwide, the firm provides comprehensive litigation and business transactions services to public and private companies ranging from start-ups to Fortune 500 corporations. Founded in 1974, Gordon & Rees is recognized among the fastest growing and largest law firms in the country. The firm is currently ranked among the 35 largest law firms in the U.S. and the top 50 firms for diverse and female attorneys in the AmLaw 200.