TCPA Compliance Burden Amidst Increased Litigation: Key Developments You Should Know
The Telephone Consumer Protection Act (TCPA) was created to develop and protect consumers from unwanted calls and text messages by requiring telemarketers to obtain express written consent from customers. Non-compliance could mean costly lawsuits. The TCPA may have created a more complex and confusing landscape for vendors and telemarketers, but recent innovations and actions to modernize businesses’ compliance strategies have helped avoid potential risks and pitfalls.
In this LIVE Webcast, a notable team of thought leaders and professionals assembled by The Knowledge Group will provide and present an in-depth analysis of the fundamentals, as well as current developments, surrounding TCPA compliance burdens. Speakers will go beyond the basics and equip the audience with best practices and practical tips to minimize risks and pitfalls.
Key topics include:
- TCPA Compliance Requirements
- Scope and Coverage
- Potential Risks and Pitfalls
- Recent Court Decisions
- Trends, Developments and Updates
Innovista Law PLLC
Law Offices of William I. Rothbard
- Overview of TCPA (covered calls/texts and prior express written consent requirement, Do Not Call Lists)
- The FCC’s 2015 Omnibus TCPA Declaratory Ruling and Order
- Post 2015 Order Litigation (ACA Intl. v FCC, etc.)
- Constitutionality of TCPA
- Industry-specific exceptions (including a high-level overview of what exceptions exists, the practical challenges to relying on them, and how they could potentially impact the Constitutionality analysis)
- Cutting edge issues: Ringless Voicemail, Soundboard Technology, Reassigned Cell Numbers, application of the TCPA to VoIP services)
- Compliance strategies to prevent and defend against class action lawsuits and regulatory enforcement actions
Who Should Attend:
- Class Action Attorneys
- TCPA Compliant Companies
- In-house Counsel
- Media and Telecommunication Attorneys
- Compliance and Ethics Managers
- Telemarketing Companies
David Carter’s career focuses on the intersection of telecommunications policy and litigation. Previously, he was a member of one of the nation’s leading telecommunications law practices in Washington, DC. In 2014, he co-founded Innovista Law, home of the TCPA Defense Force. David has counseled many clients on strategies for remaining compliant with the TCPA and reducing the costs and risk of litigation. He has aided clients, most of whom do not regularly conduct business before the Federal Communications Commission, on strategies for effectively engaging with the FCC to seek clarification regarding how existing law impacts service offerings and mobile engagement activities.
Though much of David’s work is focused on helping clients avoid the courtroom, his experience translating complex regulatory regimes and technological details is uniquely helpful when it comes to defending class action cases filed pursuant to the TCPA. He has successfully defended both closely held and publicly traded companies facing TCPA claims.
David Carter’s career focuses on the intersection of telecommunications policy and litigation. Previously, he was a member of one of …
Bill Rothbard specializes in advertising and marketing law. A former FTC advertising enforcement attorney and Attorney-Advisor to the FTC Chairman, he counsels digital advertisers, direct response marketers, and affiliate marketers on their FTC compliance duties and represents clients in federal and state deceptive advertising investigations and enforcement actions. He has litigated and negotiated settlements in dozens of FTC and state Attorney General cases. Bill is a regular speaker at ad industry conferences, a regular contributor to the Direct Response Marketing Alliance (DRMA) newsletter, and author of FTCAdLaw Alert, an FTC blog published at www.FTCAdLaw.com.
Bill Rothbard specializes in advertising and marketing law. A former FTC advertising enforcement attorney and Attorney-Advisor to the FTC Chairman, …
Print and review course materials
Method of Presentation:
Experience in Consumer Protection Laws/Basic Knowledge on Telephone Consumer Protection Act
NASBA Field of Study:
Communications and Marketing
NY Category of CLE Credit:
Areas of Professional Practice
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About Innovista Law PLLC
Over the years, many creative companies have become bogged down by fear of the TCPA. Conscientious companies try to follow the rules, but, despite their best efforts, still become a target of TCPA class actions. The TCPA Defense Force pulls together experienced professionals who focus like a laser on the TCPA, providing comprehensive services to solve a broad array of TCPA problems.
The attorneys that make up the TCPA Defense Force have years of experience as members of the telecommunications and litigation practices at leading national and international law firms. Together, the TCPA Defense Force counsels clients regarding TCPA compliance, provides robust TCPA training for all levels of your organization including customizable video-based training for front line employees, and, when necessary, efficiently represent companies in defending TCPA claims in court.
TCPA Defense Force is a division of Innovista Law PLLC, with offices in Washington, DC and Richmond, Virginia.
About Law Offices of William I. Rothbard
Let Bill Rothbard help you manage and mitigate the legal risk in your next Online Marketing, Direct Response Advertising, or Telemarketing campaign. With more than three decades of experience in the Advertising, Direct Response and Telemarketing industries as an Attorney and former Senior Staff Official with the Federal Trade Commission, Bill Rothbard can expertly guide you through the maze of legal issues that have become an everyday reality for marketers, including telemarketers under the TCPA and the FTC Telemarketing Sales Rule.