TCPA Class Action Litigation: Defense Strategies to Ensure Compliance
Companies and organizations that do business through phone calls and text messages have always been prone to class action fillings under the Telephone Consumer Protection Act (TCPA). For the past years, these cases remain one of the most filed lawsuits in the United States.
Clearly, the act's strict implementation, as well as the Federal Communications Commission's (FCC) recent rulings, have reaped favorable results, especially when it comes to the number of settlements involving TCPA class actions.
To avoid risks of TCPA class actions, business owners need to regularly evaluate their compliance programs and defense strategies. Listen as a panel of distinguished TCPA practitioners brought together by The Knowledge Group provide the audience with an overview of this important act involving, but not limited to, recent class action filings and most controversial cases. Speakers will highlight the lessons learned from previous TCPA cases, and provide the audience with practical tips to strengthen defense strategies and ensure compliance.
This LIVE webcast will discuss:
- Latest TCPA Updates
- Most Controversial TCPA Class Action Lawsuits
- Common Types of TCPA Class Actions
- Lessons Learned from Previous Cases
- Practical Defense Strategies
- Compliance Issues and Tips
Christina Guerola Sarchio, Partner
- Range of settlements and the best times to consider discussions
- Different types of TCPA cases, from faxes to calls (Home and cell) to text messages and advice on each
- TCPA cases Post-Spokeo
Rand L. McClellan, Partner
Baker & Hostetler LLP
- Vicarious liability for outside agents like leads generation services
- Written consent considerations
- How entities can get consent and keep records
Evan Meyers, Attorney
McGuire Law, PC
- The status of motions to stay based on the ACA International decision pending in the D.C. Circuit Court of Appeals, including how courts have been responding to such motions to stay
- Class certification decisions based on the FCC's written consent requirements and how the existence or non-existence of written consent has been a factor in such decisions in recent years.
Rebecca Snavely Saelao, Member
Severson & Werson
- Issues relating to non-customer based claims
- Changes to ascertainability in the 9th Circuit
Karen Hockstad, Partner
Dinsmore & Shohl LLP
- Compliance issues
Who Should Attend:
- Class Action Attorneys
- TCPA Compliant Companies
- In-house Counsel
- Media and Telecommunication Attorneys
- Compliance and Ethics Managers
- Compliance Managers and Officers
- Telemarketing Companies
- Marketing and Advertising Personnel
- Other Interested and Related Professionals and Companies
Rand McClellan is a commercial litigator focusing on complex matters and class actions. He assists clients with consumer protection litigation, Telephone Consumer Protection Act (TCPA) issues, deceptive advertising claims, and creditors' rights matters. He also has significant experience in assisting financial institutions with litigation relating to business loans.
Rand is co-editor and contributor to BakerHostetler's Class Action Lawsuit Defense blog, which provides updates on legal developments, settlements and practical advice. He also serves as the pro bono coordinator for the Columbus office.
Rand McClellan is a commercial litigator focusing on complex matters and class actions. He assists clients with consumer protection litigation, …
Christina Guerola Sarchio is a trial lawyer with extensive experience defending technology companies and financial institutions in TCPA class actions across the country. Ms. Sarchio has been recognized as a leading lawyer for her work in general commercial disputes in The Legal 500 U.S. 2017. She was also recently selected as a 2017 Rainmaker by the Minority Corporate Counsel Association (MCCA) and named among the Top 250 Women in Litigation in the U.S. for 2017 by Benchmark Litigation, where she is also listed as a D.C. litigation star.
Christina Guerola Sarchio is a trial lawyer with extensive experience defending technology companies and financial institutions in TCPA class actions …
Rebecca Snavely Saelao devotes a substantial portion of her practice to the defense of TCPA class actions. Ms. Saelao leads a Severson team that is currently defending numerous TCPA lawsuits around the country. They have successfully defeated class certification, pioneered a number of defense strategies, successfully enforced arbitration agreements and class waivers in TCPA lawsuits, and regularly advise clients on best practices to mitigate litigation risk arising out of the TCPA. Ms. Saelao’s deep class action defense experience also extends to cases brought under the Fair Credit Reporting Act, unfair competition law, and the full spectrum of claims faced by the financial services industry.
Rebecca Snavely Saelao devotes a substantial portion of her practice to the defense of TCPA class actions. Ms. Saelao leads …
Evan M. Meyers is an experienced trial and appellate litigator who has worked with both Defense and Plaintiffs’ firms. Evan has extensive experience with class action litigation, with an emphasis on consumer privacy, telecommunications, consumer fraud, and financial services matters. He has been appointed as Class Counsel in numerous national class action lawsuits in state and federal courts throughout the country involving the Telephone Consumer Protection Act (TCPA) and consumer fraud statutes, resulting in tens of millions of dollars recovered for hundreds of thousands of consumers. Evan served as counsel of record in the matter Campbell-Ewald Co. v. Jose Gomez, 136 S. Ct. 663 (2016), a case crucial to class action jurisprudence, where Evan helped secure important victories at the Ninth Circuit Court of Appeals and at the U.S. Supreme Court. Evan received his B.A. from the University of Michigan and his J.D. from the University of Illinois College of Law.
Evan M. Meyers is an experienced trial and appellate litigator who has worked with both Defense and Plaintiffs’ firms. Evan …
With extensive experience representing a wide variety of businesses and entrepreneurs, Karen is adept at counseling clients through a variety of transactional and tax matters. She also has experience in guiding her clients through litigation, having represented clients in state and federal cases throughout the country. Her unique background allows her to see and help avoid potential litigation issues in business transactions. Her business and tax knowledge is an asset in helping her commercial litigation clients. Karen is a member of the Corporate and Litigation Departments.
Karen’s experience in the corporate world enables her to advise clients on a variety of issues, including assistance with TCPA policies and procedures and advising on strategies to comply with state and federal consumer protection and privacy laws.
Karen is also a seasoned litigator with a diverse experience, having represented clients in matters ranging from commercial and employment litigation to intellectual property matters and unfair trade laws. She spent five years defending internet marketing companies in federal and state litigation relating to the Ohio Consumer Sales Practice Act and internet advertising, and has obtained a thorough knowledge of the evolving world of telemarketing and collections law, including CAN-SPAM, the TCPA, and FTC regulations serving as lead counsel in dozens of cases involving the TCPA.
With extensive experience representing a wide variety of businesses and entrepreneurs, Karen is adept at counseling clients through a variety …
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Method of Presentation:
Experience in consumer law
NY Category of CLE Credit:
Areas of Professional Practice
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About Baker & Hostetler LLP
Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world to address their most complex and critical business and regulatory issues. With five core national practice groups – Business, Employment, Intellectual Property, Litigation and Tax – the firm has more than 940 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $12 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com.
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