Emerging Issues in TCPA Class Actions: Impact of McLaughlin v. McKesson, Novel Claims, and Defense Strategies
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will offer guidance to class action defense counsel on emerging issues and claims under the Telephone Consumer Protection Act (TCPA) and the impact of McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., ___ U.S. ___ (June 20, 2025). The panel will review recent developments in TCPA jurisprudence, analyze cases alleging violation of the TCPA’s “quiet hours” provisions, keyword avoider cases, and other new claims; offer defense approaches to compelling arbitration, challenging certification, identify potential merits defenses; and posit discovery strategies for reducing settlement leverage.
Outline
- Overview of TCPA
- New rules effective Apr. 11, 2025
- Quiet hours rules
- Allegations in quiet hours and key word avoider class actions
- Defenses and strategy considerations
- Arbitration
- Substantive defenses, such as consent and inadequate revocation
- Class certification
- Discovery Considerations
Benefits
The panel will review these and other key issues:
- What is the impact of McLaughlin?
- What problems exist when trying to determine the “called party's location” for wireless devices?
- What are strategic considerations involving arbitration?
Faculty
Rara Kang
Partner
Sidley Austin
Ms. Kang focuses her practice on commercial litigation and disputes and provides counsel as a full-service... | Read More
Ms. Kang focuses her practice on commercial litigation and disputes and provides counsel as a full-service litigator in a wide range of industries, including consumer products and services, energy, oil and gas, apparel, food and dietary supplements, and real estate. Her experience spans all phases of litigation, from advising on pre-suit litigation risk management to guide business decisions, through fact investigation, discovery, and dispositive motion practice, to trial and post-trial motions. Ms. Kang's practice includes defending companies in consumer fraud litigation involving claims of false labeling and advertising, responding to pre-suit claims under the California Consumers Legal Remedies Act, and counseling companies on drafting online terms and conditions to mitigate litigation risk. She also has experience representing clients in a variety of matters involving California-specific issues, such as the California Environmental Quality Act and the Health & Safety Code, and the California Air Resources Board.
Close
John W. McGuinness
Partner
Manatt Phelps & Phillips
Mr. McGuinness litigates commercial disputes throughout the country and has significant experience in complex business... | Read More
Mr. McGuinness litigates commercial disputes throughout the country and has significant experience in complex business conflicts. He regularly represents publicly traded companies and emerging businesses in industries that include financial services, retail, media and technology. Representing clients in consumer class and individual actions, Mr. McGuiness has deep experience at all stages of complex commercial disputes. He handles arbitrations, mediations, and court and jury trials and appeals. Mr. McGuiness is a frequent writer and speaker on class action litigation and consumer financial services.
Close
Ian M. Ross
Partner
Sidley Austin
Mr. Ross represents clients in business disputes, commercial and securities litigation, government investigations,... | Read More
Mr. Ross represents clients in business disputes, commercial and securities litigation, government investigations, and class actions. He is ranked by Chambers USA for his Florida practice in Securities Litigation (Band 1; 2022–2024) and in General Commercial Litigation (2022–2024). He has extensive experience defending his clients in high-stakes commercial and securities litigation, nationwide class actions, shareholder derivative suits, breach of fiduciary actions, state securities actions, and government investigations.
Close
Alex Terepka
Founding Partner
Watstein Terepka
Mr. Terepka is a founding partner of the firm. For more than a decade, he has handled his clients’ most... | Read More
Mr. Terepka is a founding partner of the firm. For more than a decade, he has handled his clients’ most sophisticated business litigation and class action matters in courts across the country. Mr. Terepka served as lead counsel defending companies in dozens of class actions in federal courts nationwide, for example, without ever having a class certified—even for settlement purposes. He also has extensive trial experience, including client victories in all three jury trials he first-chaired. Mr. Terepka has substantial appellate experience, including briefing, arguing, and winning multiple appeals in federal circuit courts around the country. He has briefed, argued, and won an appeal before the U.S. Court of Appeals for the Ninth Circuit, for example. Herdocia–Jarquin v. Garland, 843 Fed. App’x 929 (9th Cir. 2021).
Close