TCPA Litigation: The Dos and Don’ts for Insurance Companies
Overview:After the enactment of the Telephone Consumer Protection Act (TCPA) in 1991 the TCPA regulates and restricts the manner in which businesses market its products through its consumers’ cell phones, residential phone lines and fax machines. Specifically, the main role of TCPA is to protect consumers from the risks in unsolicited advertisements imposed by automated telephone dialing system.
In this 2 hour live webcast, a panel of key thought leaders and professionals assembled by The Knowledge Group will provide an in depth analysis of the litigation risks, litigation issues and the threat of vicarious liability to Insurance companies upon facing the Telephone Consumer Protection Acts.
- Telephone Consumer Protection Act – An Overview
- Automated Telephone Dialing System
- Threat of Vicarious Liability
- Sanctions for Statutory Damages
- Defenses against TCPA claims
- The Prior Express Written Consent
Randall W. Slade , Partner
Franco & Moroney, LLC
- TCPA Overview – What is prohibited?
- Autodialed / prerecorded calls / text messages to cell phones (227(b)(1)(A))
- Prerecorded messages to landlines (227(b)(1)(B))
- Unsolicited fax advertisements (227(b)(1)(C))
- Calls to the “Do Not Call” list (227(c)(5))
- Damages – What is the remedy for a violation?
- $500 per violation (227(c)(3), 227(c)(5)
- Up to $1,500 for a “willful” or “knowing” violation
- Class certification
- Statute of limitations – 4 years
- Proper Defendants – Who can be sued?
- Individual liability
- Vicarious liability
- Third Party claims
- List providers
- Advertising agencies
David Kaminski, Partner
Carlson & Messer LLP
- State of the TCPA - The Current State of the Law!!
- What is TCPA consent and the FCC Impact
- Timing of Consent and Revocation
- What is an Automatic Telephone Dialing System and the FCC Impact?
- Status of the FCC Petitions and Predicting the Future
- What are triggers that could hurt insurance coverage for TCPA Matters
- Compliance Issues
Daniel J. Cunningham, Partner
- Why Settle?
- Limits and Deductible Issues
- TCPA Class Action Settlement Issues
- Claims-Made Settlements
- Non Claims-Made Settlement
- “Virtual” Common Funds
- Typical Class Response Rates
- Estimating the Actual Number of Class Members
- Notice of Settlement to Class
- Claim Form Issues
- Cy Pres Demands
- CAFA Compliance
- Judicial Climate Regarding Approval of Class Action Settlements
Who Should Attend:
- Attorney General
- Criminal and Civil Litigators
- Litigation Officers
- Legal Counsel
- Risks and Compliance Officers
- Top Level Management
- Professionals from Insurance Industry
- Other Related/Interested Professionals and Organizations
Dan Cunningham’s practice involves insurance coverage and bad faith litigation stemming from underlying consumer protection claims, privacy claims, intellectual property claims, personal and advertising injury claims, defective product claims and environmental claims. Dan has represented insurers in all aspects of litigation throughout the country and has developed skill in successfully asserting coverage defenses arising out of underlying class action lawsuits. Dan frequently represents insurer interests with regard to coverage disputes arising out of the Telephone Consumer Protection Act, the Fair Credit Reporting Act and the Fair and Accurate Credit Transaction Act. He is also involved in counseling insurers with regard to claims arising under various federal and state statutes governing the protection of personal data.
Additionally, Dan counsels insurers with regard to claim handling and underwriting issues and is a frequent speaker at insurance industry seminars.
Dan Cunningham’s practice involves insurance coverage and bad faith litigation stemming from underlying consumer protection claims, privacy claims, intellectual property …
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. https://cmtlaw.com/cm/
David Kaminski is a Partner at Carlson & Messer LLP’s consumer class action and regulatory practice. He has extensive experience …
Randall W. Slade is a partner at Franco Moroney, LLC. He concentrates his practice in civil litigation, with a particular focus on insurance coverage, employment litigation and class action defense. He represents clients with a wide variety of backgrounds, including clients in the insurance, construction, advertising, and retail industries. Mr. Slade has extensive experience defending his clients in complex class action litigation. He has defended his clients against allegations of TCPA violations in federal and state courts throughout the United States, and also advises his clients on TCPA compliance. Mr. Slade obtained his Juris Doctorate from the University of Michigan in 2006.
Randall W. Slade is a partner at Franco Moroney, LLC. He concentrates his practice in civil litigation, with a particular …
Print and review course materials
Method of Presentation:
NASBA Field of Study:
NY Category of CLE Credit:
Law Practice Management
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 Tressler LLP
Tressler LLP is a national law firm headquartered in Chicago, with seven offices located in four states – California, Illinois, New Jersey and New York. Tressler is comprised primarily of attorneys who devote their practice to the representation of the insurance industry in coverage analysis and resolution, litigation, underwriting consultation, product development, claims management and reinsurance. In Illinois, Tressler has one of the most experienced and multi-faceted government law practices and also has an active condominium and common interest community association law practice. In addition, Tressler attorneys represent clients nationally regarding commercial litigation, corporate transactions and intellectual property.
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.
About Franco & Moroney, LLC
Based in Chicago, Illinois, Franco | Moroney has a local, national and international clientele in the areas of civil litigation and commercial law. Franco | Moroney is renowned for its zealous advocacy, problem solving ability, and its commitment to provide practical legal solutions in a cost-conscious manner. Franco | Moroney prides itself on delivering individualized client service with integrity and professionalism. As a result of its commitment to providing superior legal services, Franco | Moroney’s attorneys have garnered numerous honors and awards for their exemplary work and have been recognized by their peers as leaders in their respective fields.