TCPA Class Actions: Pursuing or Defending Claims Over Phone, Text and Fax Solicitations

Leveraging the Latest Developments in Federal Jurisdiction, Statutory Damages Limitations, Superiority, Consent and More

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, April 12, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to 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 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.

Description

The FCC’s amended TCPA rules have caused corporate marketing activities to obtain written consent and insure that they are not calling reassigned numbers. So far, Wells Fargo, Bank of America and Capital One have each entered multimillion dollar settlements to resolve TCPA class actions.

To avoid and defend class claims, in-house counsel and class action practitioners must advise clients of strategies to comply with the stricter TCPA consent requirements for specific types of autodialed and prerecorded telemarketing calls, text messages and faxes. Companies found in violation of the TCPA rules face hefty statutory damages.

There is currently no cap on class action liability in TCPA cases. Further, 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 amended TCPA rules and their implications, analyzes the latest trends in class actions involving phone and fax solicitations under the TCPA, and highlights key issues of federal jurisdiction, statutory damages limitations and how courts are adapting their decisions to new technology. 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. Most common types of TCPA class actions
  2. Potential damages for TCPA violations
  3. Federal jurisdiction following Mims v. Arrow Financial and Spokeo v Robbins
    1. Filing in state or federal court
    2. State laws limiting class actions
    3. Statute of limitations defenses
  4. Recent TCPA issues before courts
    1. Are TCPA claims suitable for class actions?
    2. Automated dialing technology
    3. Text messaging and TCPA claims
  5. Third-party liability
    1. Company liability for calls made by third parties
    2. Lawsuits “on behalf of” an entity

Benefits

The panel will review these and other key 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 with respect to 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

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

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