Navigating The Omnibus Declaratory Ruling on FCC’s Telephone Consumer Protection Act (TCPA) in 2016
After the Federal Communications Commission (FCC) released its Omnibus Declaratory Ruling relating to the Telephone Consumer Protection Act (TCPA) last July 10, 2015, appeals have been filed by different parties to challenge the Omnibus Order. The consolidated appeals brought before the U.S. Court of Appeals for the D.C. Circuit focuses on the four main areas of dispute: 1) the definition of auto-dialer; 2) dealing with the growing problem of reassigned cell phone numbers; 3) revocation of consent; and 4) issues unique to financial and healthcare institutions.
On January 15, 2016, the FCC submitted a respondent's brief that answers to these appeals, drawing another wave of oppositions from a number of petitioners. Further developments in the case are expected these coming months. Meanwhile, the business community continues to deal with the ongoing rush of TCPA class actions filed in courts across the country.
As the issues surrounding the FFC's Omnibus Order continuously bring dispute between the FCC and the petitioners, it also creates uncertainty making TCPA a complicated compliance area. Because of this, it is beneficial to keep up on the developments in this area of business to avoid potential violations.
In a two-hour LIVE Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the fundamentals and the latest issues regarding the Omnibus Declaratory Ruling on FCC's Telephone Consumer Protection Act. Speakers will also offer best practices to comply with the TCPA in light of the FCC's Omnibus Order.
Key issues that will be covered in this course are:
- Overview of the FCC’s Omnibus Declaratory Ruling
- Appeals Challenging the Omnibus Order
- Implications for Companies
- Compliance Risks and Challenges
- Managing Compliance
David S. Bralow, Of Counsel
Pepper Hamilton LLP
- Introductory segment
- Reassigned numbers…
- Predictions on the issues.
David Kaminski, Partner
Carlson & Messer LLP
- Predictive Dialer issue – where we are…where it is…FCC challenges
- Angle taken with amicus brief in appeal to DC Circuit
- Omnibus appeal
Sarah A. Zielinski, Partner
- Overview of the subjects addressed by the FCC’s Omnibus Declaratory Ruling and update regarding developments in those areas since the ruling was issued
- Analysis of the four aspects of the FCC’s Omnibus Declaratory Ruling being challenged on appeal and the arguments raised by appellants, the FCC, and amici curiae
- Discussion of the effect of the appeal on pending TCPA litigation, including the circumstances under which courts have stayed litigation pending the resolution of the appeal
- Best practices for complying with the FCC’s Omnibus Declaratory Ruling, including considerations for assessing whether equipment is an ATDS and mitigating risks associated with phone number reassignment
- FCC petitions seeking clarification of the TCPA that remain pending or are newly filed since the FCC’s Omnibus Declaratory
Who Should Attend:
- Telecommunication Attorneys
- Attorneys General
- Criminal and Civil Litigators
- Senior Technical Advisors
- Marketing Executives
- Telemarketing Professionals
- Chief Information Officers
- Litigation Officers
- Legal Counsel
- Risks and Compliance Officers
- Top Level Management
- Other Related/Interested Professionals and Organizations
Sarah’s practice focuses on helping clients navigate the complexities of the TCPA and other consumer protection statutes. Sarah has defended clients from a broad range of industries in class-action and single-plaintiff TCPA cases. She has secured dismissals of TCPA cases with prejudice, convinced plaintiffs’ counsel to drop cases after exposing weaknesses, and negotiated favorable single-plaintiff and class-action settlements. Sarah also regularly counsels clients on how to ensure that their practices are TCPA-compliant, including by assessing whether calling equipment may be subject to the TCPA and drafting consent language and do-not-call policies. Sarah is actively involved in the American Bar Association and the Coalition of Women’s Initiatives in Law Firms. Super Lawyers of Illinois named Sarah a “Rising Star” from 2014-2016.
Sarah’s practice focuses on helping clients navigate the complexities of the TCPA and other consumer protection statutes. Sarah has defended …
David S. Bralow is of counsel in the Media, Communications and Entertainment Practice Group of Pepper Hamilton LLP, resident in the New York office.
From First Amendment defense to engaging in complicated corporate transactions, Mr. Bralow has spent more than twenty years providing legal advice to media companies. His practice includes content protection, including copyright and trademark advice, new media transactions, and regulatory advice, including telemarketing and consumer regulations.
Prior to joining Pepper, Mr. Bralow was senior vice president and general counsel at Digital First Media (also known as MediaNews Group, Inc.). He previously served as assistant general counsel for the Tribune Company, where he provided legal advice to Tribune Company’s newspapers, websites and television stations.
Prior to attending law school, Mr. Bralow was a reporter and editor for newspapers in New York, Pennsylvania and Florida. He also taught media law courses at City University of New York Graduate School of Journalism and New York University School of Continuing Professional Studies.
David S. Bralow is of counsel in the Media, Communications and Entertainment Practice Group of Pepper Hamilton LLP, resident in the New York …
David Kaminski is a Partner at Carlson & Messer LLP’s consumer class action and regulatory practice. He has extensive experience in litigating individual and class actions. For years, he has been a tireless advocate in defending the teleservices and financial services industries in TCPA actions and in litigation involving other consumer protection statutes. A recognized authority on the TCPA, David has spoken on the TCPA throughout the country, and has co-authored legislation and petitions to the FCC to foster TCPA reform. David also has extensive experience in multi-district (“MDL”) litigation.
David serves as outside compliance counsel to the teleservices and financial services industries, and in this capacity has developed policies, procedures, and compliance/training programs to minimize their risks of liability. He regularly defends clients in investigations and proceedings initiated by the CFPB, FTC, FCC, and other federal and state government and regulatory agencies. For more details about the firm, feel free to visit:
David Kaminski is a Partner at Carlson & Messer LLP’s consumer class action and regulatory practice. He has extensive experience …
Print and review course materials
Method of Presentation:
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Areas of Professional Practice
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
About McGuireWoods LLP
For more than 180 years, McGuireWoods LLP has built its reputation on providing high-quality legal service and sound strategic guidance. Our clients include public and private companies, private individuals, and government and nonprofit organizations around the world. McGuireWoods has more than 1,000 lawyers in 22 offices, and our lawyers and staff speak 44 languages. We cross borders, practices and industries in the U.S., UK, Belgium and around the world by collaborating with colleagues and managing resources in 128 countries. For more than a decade, McGuireWoods has been named a BTI Consulting “Client Service A-Team,” a distinction maintained by few other U.S. firms. In 2016, McGuireWoods is ranked among BTI’s “Client Service 30” for the 10th time, jumping to No. 6 on the list.
About Pepper Hamilton LLP
Pepper Hamilton LLP is a multi-practice law firm with more than 500 lawyers nationally. The firm provides corporate, litigation and regulatory legal services to leading businesses, governmental entities, nonprofit organizations and individuals throughout the nation and the world.
Pepper Hamilton’s Media, Communications and Entertainment practice serves clients that engage in or finance the development, distribution, publication and exchange of information worldwide. The firm has successfully litigated many TCPA cases, including defending clients against class action suits, and has counseled clients on compliance with related privacy, security and consumer protection laws to reduce the risk of exposure to litigation and administrative actions taken by government agencies.
About Carlson & Messer LLP
The practice of Carlson & Messer LLP emphasizes civil litigation before federal and state courts. Much of our work involves the defense of financial service clients, creditors, corporations and public entities. We also defend the integrity of products or persons and many of our cases are litigated through trial and the appellate process. Our experienced trial and appellate lawyers have successfully defended major protracted jury trials in many parts of the country as regional or national coordinating counsel, including successes throughout California, Nevada, Washington, Arizona, Idaho, Utah and Texas.