TCPA Class Actions: Pursuing or Defending Claims Following the FCC's New Robocalls 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 Wednesday, September 9, 2015

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to class action and in-house counsel for complying with the Telephone Consumer Protection Act (TCPA) and for bringing or defending TCPA lawsuits in the wake of the Federal Communications Commission’s (FCC’s) new 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, fax and text solicitations.

Description

On July 10, 2015, the FCC issued an order clarifying prohibited activities under the TCPA, including clarifying the definition of automatic telephone dialing systems that make calls commonly known as robocalls. The order will require corporate marketing departments and call centers to examine their compliance policies.

The order also 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 TCPA 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 consent requirement.

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

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Outline

  1. Review of new FCC order on robocalls
  2. Potential damages for TCPA violations
  3. Recent TCPA issues before courts
  4. Bringing and defending TCPA claims—strategies for plaintiff and defense counsel
  5. Best practices to ensure TCPA compliance

Benefits

The panel will review these and other key issues:

  • What is the anticipated impact of the new FCC order clarifying the TCPA?
  • What measures should companies adopt to ensure compliance with the TCPA?
  • 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?
  • What are some best practices for plaintiff and defense counsel litigating TCPA class claims?

Faculty

Karlsgodt, Paul
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

Keogh, Keith
Keith J. Keogh

Founder
Keogh Law

Mr. Keogh has represented class members before the Seventh Circuit and the First District of Illinois for over a...  |  Read More

Watts, John
John G. Watts

Founder
Watts & Herring

Mr. Watts has represented consumers in individual class action cases in state and federal courts and has litigated TCPA...  |  Read More

Justin T. Winquist
Justin T. Winquist

Baker Hostetler

Mr. Winquist practices in the area of complex civil litigation, with experience with a wide variety of litigation in...  |  Read More

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