TCPA Class Actions: Pursuing or Defending Claims Over Phone, Text and Fax Solicitations
Impact of the recent D.C. Circuit ruling in ACA International v. FCC, Statutory Damages Limitations, Superiority, Consent and More
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide class action and in-house counsel on complying with the amended Telephone Consumer Protection Act (TCPA) and defending lawsuits under the Act. The panel will examine the recent D.C. Circuit Court ruling in ACA International v. FCC, the latest class action trends and settlements under the TCPA and explain how courts are addressing questions of federal jurisdiction, limitations on statutory damages, class certification, and other issues in lawsuits involving phone, fax and text solicitations.
Outline
- Most common types of TCPA class actions
- Potential damages for TCPA violations
- Impact of the recent D.C. Circuit ruling in ACA International v. FCC
- Federal jurisdiction following Mims v. Arrow Financial and Spokeo v. Robbins
- Filing in state or federal court
- State laws limiting class actions
- Statute of limitations defenses
- Recent TCPA issues before courts
- Are TCPA claims suitable for class actions?
- Automated dialing technology
- Text messaging and TCPA claims
- Third-party liability
- Company liability for calls made by third parties
- Lawsuits “on behalf of” an entity
Benefits
The panel will review these and other critical issues:
- What measures should counsel recommend client companies adopt to ensure compliance with the amended TCPA rules?
- How should counsel manage the ambiguities of the rules concerning automated dialing systems?
- How is the vicarious liability theory being leveraged to assign liability under the TCPA to companies for calls, texts or faxes sent by third parties?
Faculty
Ryan McCune Donovan
Atty
Bailey & Glasser
Mr. Donovan represents clients in complex litigation. He has experience handling cases involving multi-million dollar... | Read More
Mr. Donovan represents clients in complex litigation. He has experience handling cases involving multi-million dollar commercial disputes, nationwide class actions, and high-stakes criminal defense. Mr. Donovan obtained a $20.5 million verdict in a class action trial against Dish Network. The class alleged Dish was liable for more than 51,000 telemarketing calls placed by a defunct DISH dealer to persons whose telephone numbers were on the National Do Not Call Registry. The jury found DISH liable for all calls, and awarded $400 per violation of the Telephone Consumer Protection Act.
Close
Paul G. Karlsgodt
Partner
Baker Hostetler
Mr. Karlsgodt has a diverse complex commercial litigation practice that emphasizes class action defense. He is editor... | Read More
Mr. Karlsgodt has a diverse complex commercial litigation practice that emphasizes class action defense. He is editor and contributor to www.ClassActionBlawg.com, which covers a variety of class-action issues. He has represented major insurers and other FORTUNE 500 companies in nationwide and statewide consumer class action lawsuits and related litigation across the United States.
Close
Jennifer R. Murray
Member
Terrell Marshall Law Group
Ms. Murray concentrates her practice on complex civil litigation with a focus on prosecuting collective and class... | Read More
Ms. Murray concentrates her practice on complex civil litigation with a focus on prosecuting collective and class actions. She is an expert in all aspects of the class action process, including investigation of class allegations, e-discovery and expert work, class certification, trial preparation, and negotiation and settlement. Ms. Murray also has represented individual clients in a wide variety of commercial actions, including breach of contract, land use, employment discrimination, personal injury and debtor/creditor disputes.
Close