Defending TCPA Litigation Following the FCC's 2015 Omnibus Order
Navigating Issues of Consent, Strict Liability, Ascertainability, Picking Off/Mootness, Covered Communications and More
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to commercial litigators on defending Telephone Consumer Protection Act (TCPA) lawsuits in the wake of the Federal Communications Commission’s (FCC’s) recent Omnibus Order on robocalls. The panel will examine the latest class action trends and settlements under the TCPA and explain how courts are addressing the complex legal issues in lawsuits involving phone, text and fax solicitations.
- Review of FCC Omnibus Order on robocalls
- Discussion of ACA International et al. v. FCC, No. 15-1211 (D.C. Cir.)
- Definition of “automatic telephone dialing system”
- Reassignment of telephone numbers
- Revocation of consent “by any reasonable means”
- Potential damages for TCPA violations
- Recent TCPA issues before courts
- Defending TCPA claims—strategies for defense counsel
- Best practices to ensure TCPA compliance
The panel will review these and other key issues:
- What is the anticipated impact of the FCC’s Omnibus Order clarifying the TCPA?
- What impact might the Supreme Court’s pending decisions in Spokeo and Campbell-Ewald have on TCPA litigation?
- What measures should companies adopt to ensure compliance with the TCPA?
- How are the vicarious liability principles being leveraged to make companies liable under the TCPA to companies for calls, texts or faxes sent by third parties?
- What are some best practices for defense counsel litigating TCPA class claims?
David G. Hetzel
Holland & Knight
In his almost forty years as a trial lawyer, Mr. Hetzel has represented corporate and sovereign clients in complex... | Read More
In his almost forty years as a trial lawyer, Mr. Hetzel has represented corporate and sovereign clients in complex commercial litigation and class action cases, including cases involving securities fraud, business torts, toxic torts, breach of contract and environmental claims. He is an experienced trial lawyer in both civil and criminal cases and has handled more than 25 appellate matters in various federal and state courts.Close
Kevin S. Ranlett
Mr. Ranlett is a litigator in the firm’s Supreme Court & Appellate and Consumer Litigation & Class... | Read More
Mr. Ranlett is a litigator in the firm’s Supreme Court & Appellate and Consumer Litigation & Class Actions practices. He has represented clients in dozens of class actions in state and federal courts across the country and has litigated cases in trial courts and before the American Arbitration Association. He also has a substantial appellate practice.Close
Lewis S. Wiener
Sutherland Asbill & Brennan
Mr. Wiener is an experienced trial attorney with more than 25 years of trial and counseling experience, representing... | Read More
Mr. Wiener is an experienced trial attorney with more than 25 years of trial and counseling experience, representing corporate entities and individuals in state and federal court litigation throughout the United States. He heads his firm’s Financial Services Litigation Team, is co-chair of the firm’s TCPA defense practice, and is a member of the firm’s executive committee. His extensive civil litigation and trial experience includes serving as class action defense counsel and as arbitration counsel, conducting large internal investigations, handling complex litigation matters, and defending entities in connection with investigations and enforcement actions brought by government agencies.Close