The Rocky Road for the FCC’s Interpretation of the Telephone Consumer Protection Act
Our panel of key thought leaders and practitioners will offer a discussion of the fundamentals of the TCPA as well as updates regarding the latest and significant issues surrounding this topic. This LIVE webcast aims to help you to avoid common pitfalls and risk issues relating to the TCPA and the FCC’s corresponding regulations.
Key topics include:
- The Telephone Consumer Protection Act – An Overview
- Autodialing Equipment – The Tension Between the Statutory and Regulatory Definitions of ATDS
- The Consent Defense – What is “prior express written consent”?
- Do Not Call Regulations – Privacy Rights and Protections for Subscribers
- Faxes – The FCC’s Ruling on Opt Out Requirements for Solicited Faxes
- Insurance coverage for defense costs and damages in TCPA Cases
Martin W. Jaszczuk, Partner
Locke Lord LLP
- The Telephone Consumer Protection Act – An Overview
Anthony A. Bongiorno, Partner
McDermott Will & Emery
- Transferred Authority to Call: This is an under-discussed and under-litigated topic, but one with which we are familiar. How specific must the TCPA “prior express consent in writing” be where the entity placing the calls is a partner or affiliate of the one to whom consent was given?
- Strict Liability / Transferred Phone Numbers: Stage Stores, Inc. has a petition pending before the FCC asking whether there should be a “safe harbor” in the TCPA for calls made to numbers that have been re-assigned from a user who previously gave consent.
- FCC’s definition of ATDS (especially in the context of text messages): Now that the courts of appeal have held consistently that trial courts must follow the FCC’s ATDS definition, industry members have submitted a number of petitions to the FCC seeking to challenge or clarify the FCC’s ATDS definition. See, e.g., Petitions from TextMe; Milton H. Fried; ACA International; Professional Association for Customer Engagement; and Glide Talk, Ltd.
Laura Phillips, Partner
Drinker Biddle & Reath LLP
- How do companies deal reasonably effectively with the problem of recycled numbers and whose consent is required?
- The telemarketing v. informational alert call….what animal are we dealing with?
- Is the liability risk for outbound telemarketing worth the effort (are there a couple of things a company can do to lessen the risk even if it cannot be eliminated entirely)?
- How does having an established business relationship help with telemarketing given the FCC’s rule changes eliminating this as an exception from the written consent requirement for telemarketing in general?
- Why are texts considered “calls” for purposes of TCPA and what’s the next frontier in marketing that Congress and regulators have not yet addressed?
Howard W. Waltzman, Partner
Mayer Brown LLP
- Legislative Angles
Andrew L. Margulis, Partner
Ropers Majeski Kohn Bentley PC
- Potential sources of coverage for TCPA cases: CGL (Advertising Injury); Professional Liability/D&O policies (“Wrongful Acts”)
- Damages potentially covered under various policies for TCPA statutory damages: CGL (covers “damages”) v. Professional Liability/D&O (coverage for “Loss”)
- Considerations in determining coverage for TCPA damages: compensatory v. penal nature of statutory damages; fines/penalties
- Comparison of TCPA statutory damages to liquidated damages
- Recent case-law trends regarding coverage for TCPA statutory damages
- Recent amendments to insurance policies to exclude coverage for TCPA cases
Who Should Attend:
- Attorney General
- Criminal and Civil Litigators
- Senior Technical Advisors
- Marketing Executives
- Chief Information Officers
- Litigation Officers
- Legal Counsel
- Risks and Compliance Officers
- Top Level Management
- Other Related/Interested Professionals and Organizations
Martin Jaszczuk is the head of Locke Lord's TCPA Class Action Litigation Section. A TCPA defense lawyer who has tried over 100 cases since his early days as a criminal lawyer, Mr. Jaszczuk focuses his practice on the defense of privacy class action lawsuits brought under the Telephone Consumer Protection Act. Mr. Jaszczuk has been retained by some of the country’s biggest corporations, including multiple Fortune 500 companies, to lead their defense of nationwide TCPA class actions pending throughout the United States.
Mr. Jaszczuk is routinely sought out to both defend companies that have been alleged to have violated the TCPA and to help corporations structure effective and compliant telemarketing programs to avoid TCPA lawsuits and regulatory actions in the first place.
Prior to focusing his practice on TCPA class actions, Mr. Jaszczuk represented companies in (a) complex business and commercial disputes; (b) insurance and reinsurance coverage actions; (c) securities litigation and FINRA arbitrations; and (d) real estate-related matters.
Martin Jaszczuk is the head of Locke Lord's TCPA Class Action Litigation Section. A TCPA defense lawyer who has tried …
Howard Waltzman focuses his practice on communications and Internet law and privacy compliance. He represents some of the nation’s leading communications service providers, manufacturers and trade associations in regulatory, compliance and legislative matters, including with respect to Internet and wireless services, privacy, video programming and communications-related homeland security. He also represents investors on these and other communications-related matters.
Howard’s experience includes drafting regulatory pleadings and license applications; legislation, Congressional testimony and legislative history; and compliance programs. He appears personally before Members of Congress, Cabinet department officials, FCC and FTC Commissioners, and key Congressional, FCC and FTC staff. Howard also advises clients and assists them in presenting their positions during FCC rulemakings, FTC enforcement actions and throughout the legislative process.
Prior to joining Mayer Brown in 2007, Howard served as Chief Counsel, Telecommunications and the Internet, for the U.S. House Energy and Commerce Committee (2003-2006) and as Telecommunications Counsel (2001-2003). Prior to working for the House Energy and Commerce Committee, he served as General Counsel for Senator Sam Brownback (1996-2001).
Howard Waltzman focuses his practice on communications and Internet law and privacy compliance. He represents some of the nation’s leading …
Anthony Bongiorno (Tony) is a partner in the law firm of McDermott Will & Emery LLP and is the head of the trial group in the Boston office. He has extensive jury trial experience in a variety of commercial matters, including product liability cases. Tony dedicates a substantial portion of his practice to data privacy and data security matters. He is currently representing clients in several class action litigations in this area. Tony has been selected for inclusion in the 2013 and 2014 editions of Best Lawyers in America, published by Woodward/White. Tony is also recognized as a litigation star in Products Liability for 2014 by Benchmark Litigation.
Anthony Bongiorno (Tony) is a partner in the law firm of McDermott Will & Emery LLP and is the head …
Andrew L. Margulis handles a broad range of commercial litigation and insurance coverage matters, with an expertise in directors and officers and professional liability litigation and coverage including coverage and bad faith litigation. Mr. Margulis has defended and provided coverage advice in hundreds of matters involving directors and officers, lawyers, accountants, insurance agents and brokers, and securities broker-dealers liability. Mr. Margulis has also litigated many significant cases involving employment, intellectual property, media and technology/cyber liability.
Mr. Margulis is a frequent lecturer on insurance coverage and professional liability isues and is also the author of: “D&O Policies Serving Up Choices” (Best's Review, June 2006); “Here Today, Gone Tomorrow—D&O Insurance and the Risk of Rescission” (Business Insurance, April 2006); Inside the Minds, Professional Liability Law, Contributing Author (Aspatore Books 2005); “The Sarbanes-Oxley Act and D&O Insurance —Who Bears the Cost of Corporate Responsibility” (Andrews Publications 2002).
Andrew L. Margulis handles a broad range of commercial litigation and insurance coverage matters, with an expertise in directors and …
Laura Phillips is a partner in and chair of Drinker Biddle & Reath’s Government & Regulatory Affairs Practice Group and a member of the Telecommunications & Mass Media Team. Laura counsels wireless and wired technology entrepreneurs and represents these clients on issues related to the development of new technologies, including the development of spectrum auction policies and strategies, network interconnection, access, universal service, Voice over Internet Protocol and regulatory matters stemming from communications service convergence, the growth of wireless services and the Internet. Many clients have questions about FCC rules, policies and enforcement issues, and Laura is active in assisting clients with litigation and regulatory strategies in the interpretation of the Telephone Consumer Protection Act, among other laws and policies. Laura also counsels clients on a range of government compliance issues, including licensing, regulatory billing and other business issues. Laura is a Past President of the Federal Communications Bar Association (2012-2013).
Laura Phillips is a partner in and chair of Drinker Biddle & Reath’s Government & Regulatory Affairs Practice Group and …
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About Locke Lord LLP
Locke Lord is a full-service, international law firm that ranks among The American Lawyer’s top U.S. law firms. Our team of approximately 1,000 lawyers has earned a solid reputation in complex litigation, regulatory and transactional work. We serve our clients' interests first, and these clients range from Fortune 500 and middle market public and private companies to start-ups and emerging businesses. Through its wide-ranging international footprint, Locke Lord has received numerous industry recognitions as a global leader in the middle market sector.
Locke Lord's team builds collaborative relationships and crafts creative solutions to solve problems - all designed and executed with long-term strategic goals in mind. Among Locke Lord's many strong practice areas are appellate, aviation, bankruptcy/restructuring/insolvency, business litigation and dispute resolution, class action litigation, consumer finance, corporate and finance transactions, employee benefits, energy, environmental, financial services, fund formation, health care and life sciences, insurance and reinsurance, intellectual property, international, labor and employment, mergers and acquisitions, privacy and cyber security, private equity, public finance, public law, real estate, regulatory, REIT, tax, technology, telecommunications, venture capital, and white collar criminal defense and internal investigations.
In the United States, Locke Lord has an extremely well-recognized presence in Texas, the Northeast, the Midwest, the Southeast and the West Coast in addition to strong offices in Asia, CEEMENA and London. The Firm provides national and international clients service across a full range of practices and industries from offices in Atlanta, Austin, Boston, Chicago, Dallas, Hartford, Hong Kong, Houston, Istanbul, London, Los Angeles, Miami, Morristown, New Orleans, New York, Orange County, Providence, Stamford, Sacramento, San Francisco, Tokyo, Washington D.C. and West Palm Beach.
About Mayer Brown LLP
Mayer Brown is a global legal services organization advising clients across the Americas, Asia and Europe. The firm’s presence in the world’s leading markets enables it to offer clients access to local market knowledge combined with global reach. Mayer Brown is noted for its commitment to client service and its ability to assist clients with their most complex and demanding legal and business challenges worldwide. For more information about the firm, please visit: www.mayerbrown.com/.
About McDermott Will & Emery
McDermott Will & Emery is a leading international firm with a diversified business practice. Currently numbering more than 1,100 lawyers, we have 18 offices worldwide and a strategic alliance with MWE China Law Offices in Shanghai.
Our Firm has more than 80 years of experience serving a broad range of client interests. We understand the issues faced by corporate decision makers because many of our lawyers have held key government and in-house positions. We understand how economic, social and political issues affect operations because our lawyers have navigated the complex business and regulatory environment themselves.
Outstanding client service is a cornerstone of our practice that has withstood the test of geography, economy and time. We are proud of the recognition we have received from our clients for our commitment to service, and we value their satisfaction as the best measure of our success.
About Ropers Majeski Kohn Bentley PC
Founded more than 60 years ago as Silicon Valley began transforming into the world’s technology hub, RMKB is headquartered in Redwood City, California with offices in San Francisco, San Jose, Los Angeles, New York, Boston, and Hong Kong (affiliated). We conduct a broad, far-reaching practice offering expert litigation and transactional services to domestic and international businesses and individuals. The firm's practice areas are structured to serve our clients’ vibrant industries and specialized areas of interest.
Our lawyers have extensive experience in business litigation and appellate law; class actions; construction defect litigation; corporate law and counsel; directors and officers liability; employment counseling and litigation; entertainment law; environmental, Prop 65 and toxic tort liability; estate planning and wealth management; fidelity and surety bonds; insurance coverage, bad faith, ERISA, fraud, regulation and reinsurance; intellectual property; litigation management, cost control and fee disputes; mergers and acquisitions; personal and catastrophic injury litigation; product and premises liability; professional negligence; real estate; startup and emerging-growth companies formation and representation; and taxation.
About Drinker Biddle & Reath LLP
Drinker Biddle & Reath LLP, with more than 620 lawyers in 11 offices nationwide, provides clients with unparalleled service in matters ranging from billion-dollar deals to complex class actions, across a broad spectrum of industries. Our priorities are knowing our clients' business and providing the value they need so that we can be an integral part of their success. Clients choose us for our sophisticated yet efficient approach to handling their most important business transactions, litigation and government affairs efforts. For more information on how we have been innovating for clients for more than 160 years, please visit www.drinkerbiddle.com.