TCPA Litigation in Light of ACA International: Strategies and Practical Guide
Telephone Consumer Protection Act (TCPA) litigation is continuously shaped by recent court decisions and opinions, specifically in light of ACA International v. Federal Communications Commission (FCC) . Significantly, questions as to what constitutes an Automatic Telephone Dialing System (ATDS) have left practitioners and businesses in sheer confusion, making it a critical time for TCPA compliance.
With the ever evolving TCPA landscape, it is imperative for businesses and all affected professionals to understand impending developments in this area of law. It is best to keep themselves abreast with recent court rulings and prepare effective risk mitigation strategies that will help them avoid potential lawsuits.
In this LIVE Webcast, a panel of key thought leaders and professionals assembled by The Knowledge Group will provide the audience with an in-depth analysis of the significant issues in TCPA litigation. Speakers will discuss developments in light of ACA International v. Federal Communications Commission (FCC), and will offer best practices to mitigate risks.
Key topics include:
- ACA International v. Federal Communications Commission (FCC): Case Overview
- Notable Court Rulings and Decisions
- Best Litigation Practices
- Practical Tips to Avoid a TCPA Lawsuit
- Common Risks and Pitfalls
- Regulatory Outlook
Kelly Handschumacher, Attorney
Akin Gump Strauss Hauer & Feld LLP
- Brief overview of TCPA statute and litigation
- Overview of ACA International decision
- “Automatic Telephone Dialing System” interpretation
- Reassigned numbers database
- Arguments for opposing class certification in TCPA cases
Douglas B. Brown, Partner
Rumberger Kirk & Caldwell
- The Hobbs Act Problem—No district court an invalidate or interpret around a FCC rule policy or order. It is essential to identify FCC rules, regulations, orders, policies and positions that are critical defense, determine whether they are subject to a current FCC Petition, and if not file a Petition or a comment to protect your positions;
- Efaxes and emails are the exact same thing. Yet one is included in the TCPA and one is not. The 2015 WestFax order and the Amerifactors Petition including First Amendment issue
- Attacking minimum statutory damages:
- Limits of Due Process argument;
- Possibility of extending 7th Cir. rule that TCPA judgments are not aggregate damages but a collection of individual damage—releasing security in favor of defendant.
- The fallacy of the privacy and bounty justifications for the Fax TCPA provisions
Who Should Attend:
- Class Action Attorneys
- TCPA Compliance Companies
- Telemarketing Companies
- Media and Telecommunications Attorneys
- Marketing Executives
- In-house Counsel
- Compliance Officers
- Private Companies
- Other Related/Interested Professionals
Kelly Handschumacher is an associate in the firm’s litigation practice. Her experience includes consumer class action defense, securities fraud class action defense and other complex commercial litigation. She also has experience representing individuals and investment advisers in government investigations and examinations.
Ms. Handschumacher received her J.D. from Columbia Law School, where she was a Harlan Fiske Stone Scholar and served as an articles editor for the Columbia Journal of Law & the Arts. She graduated Phi Beta Kappa from Stanford University in 2012, with a B.A. in History.
Kelly Handschumacher is an associate in the firm’s litigation practice. Her experience includes consumer class action defense, securities fraud class …
Doug Brown’s practice is exclusively commercial litigation. He represents clients in commercial litigation with a particular emphasis on consumer defense claims under the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), also known as Florida’s “Little FTC Act.”
Approximately 75 percent of Doug’s work is consumer class actions including unfair and deceptive trade practice claims, and TCPA litigation. He has worked on several of the leading Florida cases involving the issue of causation and types of damages recoverable under the Little FTC Act or other consumer statutes.
Doug has written about and defended TCPA cases. He has been the driving force behind an effort to have the FCC reconstitute its prior position of most recently stated in the FCC’s 2005 Westfax order, while successfully securing stays based upon the pending of FCC proceedings.
He received his juris doctor, with high honors, from Florida State University College of Law and his LL.M. in Litigation from Emory University College of Law.
Doug Brown’s practice is exclusively commercial litigation. He represents clients in commercial litigation with a particular emphasis on consumer defense …
Print and review course materials
Method Of Presentation:
Experience in TCPA Litigation
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 Akin Gump Strauss Hauer & Feld LLP
Akin Gump was founded in Texas in 1945 by Robert Strauss and Richard Gump in a spirit of optimism and with a mission of integrity. It has sustained this guiding vision to the present. Every day, Akin Gump professionals tackle complex and highly consequential legal engagements with keen commercial awareness and dedication to its clients’ business goals.
With 21 offices, 85 practices and over 900 lawyers and professionals, Akin Gump is among the world’s largest law firms, yet it strives to provide every client with focused and consistent attention. Recognized by BTI Consulting Group as a Client Service A-Team and as one of the top 30 law firms in the U.S., Akin Gump is known for its strength in litigation and high-stakes appellate work, leadership in groundbreaking transactions and depth in public policy. Akin Gump is committed to creating, expanding and protecting its clients’ assets and interests.
Through its network of domestic and international offices, Akin Gump advises companies across myriad industries in both mature and emerging markets. Akin Gump professionals possess a sharp understanding of the intangible factors in economic and political infrastructures, combining it with first-hand government experience at the highest levels around the world. Armed with the advice of Akin Gump professionals, clients can grow and thrive in the global marketplace.
About Rumberger Kirk & Caldwell
Rumberger, Kirk & Caldwell provides litigation and counseling services in a wide range of civil practice areas including product liability, commercial litigation, class actions, construction, real estate, intellectual property litigation, securities litigation , labor and employment law, bankruptcy, insurance coverage, professional liability and administrative law. Offices are located in Orlando, Tampa, Miami, Tallahassee and Birmingham, Alabama. For more information, please visit www.rumberger.com.