The TRACED Act and Its Impact on the TCPA Landscape Explored
In December 2019, the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act) was signed into law. Aimed at curtailing unlawful robocalls, the new law gives the Federal Communications Commission (FCC) a greater mandate to pursue scammers through increased monetary forfeitures and extended statute of limitations for intentional violations under the Telephone Consumer Protection Act (TCPA).
This development further intensifies the need for companies to keep and adopt thorough compliance procedures and policies.
In this LIVE Webcast, seasoned TCPA litigators Thomas A. Woods (Stoel Rives LLP) and Scott Goldsmith (Dorsey & Whitney LLP) will help businesses and practitioners understand the potential implication of the TRACED Act on TCPA compliance practices. Speakers will also offer the best compliance practices amidst increasing TCPA enforcement.
Key topics include:
- The TRACED Act – Key Takeaways
- Potential Changes to the TCPA on the Horizon
- Litigation Strategies for a Changing and Disparate Regulatory Environment
- Best Compliance Practices
Thomas A. Woods, Partner
Stoel Rives LLP
- Consent and Revocation of Consent
- Anticipating California Telecommunication Regulation
Scott Goldsmith, Partner
Dorsey & Whitney LLP
- Know Your Equipment:
- How to assess your dialing and texting systems by jurisdiction and functionality.
- What is the comparative TCPA risk profile of texting vs. calling? New standing arguments and class action considerations.
- Know Your Message:
- Is the message “advertising” or “telemarketing”? Current case trends and considerations.
- Common “business to business” pitfalls and how to avoid them.
- Know and Manage Your Vendors:
- Key components to manage call/text vendor risks.
- Key contract terms for call/text vendor agreements.
- Other third party relationships that impact TCPA compliance and litigation defense.
- Know Your Compliance Resources:
- How the FCC’s Reassigned Phone Number Database can reduce risks.
- How to leverage third party and in house resources to drive TCPA compliance and risk mitigation.
- Anticipate the Future:
- Why are we still waiting for the FCC’s new TCPA omnibus and what will it mean for TCPA practitioners anyway?
- New developments in class action waivers and arbitration agreements.
- How California’s Consumer Privacy Act (CCPA) (eff. 1/1/20) may impact TCPA compliance and how to prepare.
Who Should Attend:
- TCPA Lawyers
- Marketing and Advertising Lawyers and Officers
- Privacy Managers
- In-House Legal and Compliance Executives
- Risk Managers
- Top Level Management
Tom Woods is a complex civil litigator at Stoel Rives. He represents corporate and individual clients in state and federal courts, and at arbitration. Tom has substantial experience representing clients in real estate and consumer and commercial lending industries. Many of his cases involve claimed violations of the Telephone Consumer Protection Act (“TCPA”), the Fair Credit Reporting Act (“FCRA”), the Truth in Lending Act (“TILA”), the Real Estate Settlement Procedures Act (“RESPA”), the Equal Credit Opportunity Act (“ECOA”), and state and federal Fair Debt Collection Practices Acts (the “RFDCPA” and “FDCPA”), in addition to a collection of other state consumer protection laws aimed at preventing unfair and deceptive product labeling, disclosures and other business practices.
Tom Woods is a complex civil litigator at Stoel Rives. He represents corporate and individual clients in state and federal …
Scott is a litigation partner and Chair of Dorsey’s TCPA Practice. He routinely defends clients in nationwide class and individual plaintiff litigation, with particular emphasis on alleged violations of the Telephone Consumer Protection Act (TCPA). Scott has defended over 30 putative class actions and countless individual plaintiff claims involving the TCPA and other State and Federal consumer protection statutes. He works with clients of all sizes and industries to comply with the myriad of laws regulating communication for debt collection or marketing purposes.
Scott is a litigation partner and Chair of Dorsey’s TCPA Practice. He routinely defends clients in nationwide class and individual …
Print and review course materials
Method of Presentation:
General knowledge of the Telephone Consumer Protection Act (TCPA)
NY Category of CLE Credit:
Areas of Professional Practice
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About Stoel Rives LLP
Stoel Rives is a leading U.S. corporate and litigation law firm. One of the largest national firms focused on energy, natural resources, climate change and the environment, Stoel Rives also serves the agribusiness, real estate and construction, food and beverage, health care, life sciences, and technology industries. With more than 350 attorneys operating out of 10 offices in seven states and the District of Columbia, Stoel Rives is a leader in regulatory and compliance matters, and business, labor and employment, land use, and intellectual property law.
About Dorsey & Whitney LLP
Since 1912, companies have relied on the lawyers at Dorsey & Whitney to help give them the edge they need to succeed in a highly competitive world. With 585 attorneys in 19 offices across the United States, Canada, Europe and Asia, we are able to serve clients in nearly all industries, but we focus on six in which we have great depth and a history of achieving client success. Banking and Financial Institutions being one of them.
Through extensive trial and counseling experience, our attorneys leverage highly effective motion to dismiss theories, class certification arguments, insurance coverage strategies, class notification strategies, and claims management strategies to our clients’ benefit. Dorsey’s deep and committed industry knowledge with practical and efficient legal advice provides our clients with the best of both worlds – boutique industry focus with the depth of a large law firm.