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


Conducted on Tuesday, February 23, 2016

Recorded event now available

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Program Materials

This CLE webinar 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.

Description

On July 10, 2015, the FCC issued an Omnibus Order resolving some 21 separate requests for clarification regarding the TCPA and the FCC’s rules and orders relating to the TCPA, including a request to clarifying the definition of automatic telephone dialing systems that make calls commonly known as robocalls. The Omnibus Order adds fuel to the TCPA consumer and privacy class action suits in the wake of the U.S. Supreme Court’s milestone ruling in Mims.

More than 2,000 TCPA class and individual actions were filed in 2014 alone, and major companies, including AT&T, Bank of America and Capital One, have entered multimillion dollar settlements to resolve previously filed TCPA lawsuits.

To avoid and defend class claims, class action practitioners and in-house counsel must advise clients of strategies to comply with the stricter FCC rules governing phone, fax and text solicitations. Companies found in violation of the rules face hefty statutory damages. There is currently no cap on class action liability in TCPA cases, and having an established business relationship does not exempt a company from the rule’s prior express consent requirement.

Listen as our authoritative panel of litigators explains the new FCC Omnibus Order and its implications for businesses; analyzes the latest trends in TCPA litigation; and highlights key legal issues, including consent, strict liability, ascertainability, picking off/mootness, covered communications and more. The panel will provide defense counsel with best practices for litigating in this rapidly-changing area of law.

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Outline

  1. Review of FCC Omnibus Order on robocalls
  2. Discussion of ACA International et al. v. FCC, No. 15-1211 (D.C. Cir.)
    1. Definition of “automatic telephone dialing system”
    2. Reassignment of telephone numbers
    3. Revocation of consent “by any reasonable means”
  3. Potential damages for TCPA violations
  4. Recent TCPA issues before courts
  5. Defending TCPA claims—strategies for defense counsel
  6. Best practices to ensure TCPA compliance

Benefits

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?

Faculty

David G. Hetzel
David G. Hetzel

Partner
Holland & Knight

In his almost forty years as a trial lawyer, Mr. Hetzel has represented corporate and sovereign clients in complex...  |  Read More

Ranlett, Kevin
Kevin S. Ranlett

Partner
Mayer Brown

Mr. Ranlett is a litigator in the firm’s Supreme Court & Appellate and Consumer Litigation & Class...  |  Read More

Lewis S. Wiener
Lewis S. Wiener

Partner
Sutherland Asbill & Brennan

Mr. Wiener is an experienced trial attorney with more than 25 years of trial and counseling experience, representing...  |  Read More

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