Strengthening and Enhancing Your Company’s Defense Against TCPA Litigation
The Telephone Consumer Protection Act of 1991 (TCPA) restricts telephone solicitations such as telemarketing and automatic telephone dialing systems. The TCPA also limits use of pre-recorded voice messages, SMS text messages, and fax machines without prior consent from their receiver. Through these methods, companies can track and communicate with consumers more efficiently than ever before. However, these new channels also have created regulatory ambiguities for companies leading to increased risk of violations and litigation.
In June 2015, the Federal Communications Commission (FCC) ruled on 21 long standing petitions and letters seeking clarifications of the TCPS. The majority of the Commission did not distinguish between scammers and legitimate businesses. For consumers it is better late than never. For many companies, it will be a hunt for new methods to skirt the law and avoid violation and litigation.
Telephone service providers can offer robo-caller blocking technologies to consumers, consumers now have the right to revoke their consent to receive calls and text messages sent from auto-dialers, callers will be required to stop calling reassigned wireless and wired telephone numbers after a single call, and use of automatic telephone dialing systems to call wireless phones and leave a pre-recorded telemarketing message on landlines without consent will be illegal.
Almost all industries, ranging from social networking sites to local pharmacies and community groups, are vulnerable to the threat of TCPA class action litigation. There has been a 560 percent increase in TCPA filings and expensive class action settlements this year. For example, Capital One Financial Corp., AllianceOne Receivables Management Inc., Leading Edge Recovery Solutions, LLC, and Capital Management Services, L.P. agreed to pay $75.5 million to end a consolidated class action lawsuit alleging that they used automated dialers to call customer's cell phones without their consent.
In a two-hour LIVE Webcast, a panel of distinguished thought leaders and practitioners organized by The Knowledge Group will provide the audience with an in-depth review and analysis of the recent TCPA Revisions and Litigation Risks and explain What Your Company Needs to Know in 2016 to mitigate the risks of FCC actions.
Key issues that will be covered in this course are:
- The Telephone Consumer Protection Act –New Regulations
- Auto-dialers - Statutory and Regulatory Definitions
- Handling TCPA Class Actions
- The Consent Defense – Prior Express Consent
- Do Not Call Regulations – Privacy Rights and Protections for Subscribers
- Common Mis-understanding and Exceptions
- Opt Out Requirements for Solicited Faxes
- Penalties for Non-compliance
- Regulatory Updates
- Best Practices for Compliance
Kandy E. Messenger, Shareholder
Sprott Newsom Quattlebaum & Messenger, PC
TCPA: RECENT FCC DEVELOPMENTS AND
- Telephone Consumer Protection Act (“TCPA”)
- FCC JULY 2015 Omnibus Declaratory Ruling and Order
- TCA Restrictions Autodialer
- New FCC Rules: Autodialer
- New FCC Rules:Consent
- New FCC Rules: Revocation Of Consent
- New FCC Rules: Reassigned Cell Numbers
- TCPA:C ompliance Strategies
Jason P. Sultzer, Founding Partner
The Sultzer Law Group P.C.
- Strategies to defeat class certification
- issue of consent and how that can create individualized factual issues undermining class certification
- Lack of ascertainibility and how same can undermine class certification
- Ways companies can minimize risks in an effort to avoid litigation/investigations
- create TCPA compliance policies
Edward C. Eberspacher IV, Attorney
Meyer Law Group LLC
- Third-party claims and the scope of potentially-liable players, including theories of liability and right to contribution under the TCPA and federal common law.
- What is an "advertisement" and practical risk avoidance measures to keep your fax communication from inadvertently becoming one.
- Issues related to third-party subpoenas for the production of documents as a non-party, including Protective Orders regarding Confidentiality, preserving ongoing business relationships with direct party defendants and keeping yourself on the sidelines.
Who Should Attend:
- Telecommunication Attorneys
- Attorneys General
- Criminal and Civil Litigators
- Senior Technical Advisors
- Marketing Executives
- Chief Information Officers
- Litigation Officers
- Legal Counsel
- Risks and Compliance Officers
- Top Level Management
- Other Related/Interested Professionals and Organizations
Kandy E. Messenger is a litigator whose practice concentrates on consumer financial services litigation and compliance and complex litigation with an emphasis in the areas of commercial litigation, personal injury, employment law and professional liability. She has successfully tried cases to final verdict in both state and federal courts; is licensed to practice law in Texas, 2006; and is also licensed in the US District Courts for the Southern, Northern, Eastern and Western District of Texas, District of Colorado and United States Court of Appeals for the Fifth Circuit.
Kandy E. Messenger is a litigator whose practice concentrates on consumer financial services litigation and compliance and complex litigation with …
Jason Sultzer is a trial lawyer and the founding partner of The Sultzer Law Group P.C. He represents clients throughout the United States and has substantial experience in class actions, product liability defense, mass torts, business disputes, personal injury litigation, and intellectual property-related issues.
Mr. Sultzer has successfully defended and prosecuted class action lawsuits in state and federal courts throughout the country involving a wide range of issues concerning consumer fraud and unfair competition.
Mr. Sultzer is a Fellow of the Litigation Counsel of America, has been named American Law Media’s Mass Tort Lawyer of the Year (2013-2015), is AV rated by Martindale Hubbell, and has been selected as a Super Lawyer from 2011-2015.
Jason Sultzer is a trial lawyer and the founding partner of The Sultzer Law Group P.C. He represents clients throughout …
Edward "Ted" Eberspacher concentrates his practice on the defense of individuals and companies in litigation brought under the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act and other privacy and consumer protection class action claims. In that role, Ted has defended facsimile broadcasters, data list licensors, small private companies and large publicly-traded corporations throughout the United States.
Ted received his undergraduate degree from the University of Illinois and graduated from the University of Illinois College Of Law, magna cum laude, where he was a Harno Scholarship recipient, a Rickert Scholar for Oral Advocacy and a recipient of the CALI Excellence for the Future Award in Evidence. Ted also served on Illinois' Moot Court Board of Editors and was a regional champion and national finalist in the HNBA Moot Court Competition, where he placed third nationally with thirty-four teams competing.
Edward "Ted" Eberspacher concentrates his practice on the defense of individuals and companies in litigation brought under the Fair Debt …
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About Sprott Newsom Quattlebaum & Messenger, PC
Sprott Newsom Quattlebaum Messenger has been continuously providing quality legal services to our clients since the Firm’s inception in 1982. This summer we changed the name of the firm to recognize our newest equity shareholders, Michele Quattlebaum and Kandy Messenger. Our firm was founded on the values of integrity, hard work and client satisfaction, which are the same values the firm is committed to and embraces today.
We represent individuals, business entities, business owners and health care providers in a broad range of litigation and other legal matters, including complex multiparty and class-action lawsuits before federal and state courts. Our Firm aggressively defends cases on behalf of our clients, regardless of their complexity. Our lawyers have extensive courtroom skills and expertise to handle all types of litigation. Our mission is to resolve your litigation effectively, quickly and cost-efficiently. We strive to provide the best legal services in Texas, focusing on exceptionally proactive and responsive service to all our clients.
About The Sultzer Law Group P.C.
The Sultzer Law Group P.C. is a premier full-service litigation firm with experience where it counts: in the courtroom, before juries. Lawyers in our firm collectively have over 100 years of experience representing both plaintiffs and defendants in complex civil disputes involving significant liability exposure and a likelihood of going to trial. The firm's concentration in complex litigation includes prosecuting and defending consumer fraud class actions, mass torts, business disputes, and intellectual property related matters throughout the country. We are known as creative and tenacious trial lawyers on both sides of the docket, and our clients appreciate the insights that our broad experience provides because we understand what motivates both plaintiffs and defendants during trial and negotiations.
About Meyer Law Group LLC
Meyer Law Group LLC is a Chicago-based litigation firm formed in 2013. Its lawyers defend professionals against malpractice claims and before regulatory bodies, defend corporate boards against director-and-officer claims, and represent individuals and businesses in class action litigation. Prior to joining Meyer Law Group LLC, Ted practiced at a specialty insurance defense firm. While there, he tackled billion-dollar class action claims under the Telephone Consumer Protection Act and won multiple appeals on behalf of his D&O, E&O and commercial clients.