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


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.

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

Paul G. Karlsgodt, Partner
Baker Hostetler, Denver

Mr. Karlsgodt has a diverse complex commercial litigation practice that emphasizes class action defense. He is editor and contributor to www.ClassActionBlawg.com, which covers a variety of class-action issues. He has represented major insurers and other FORTUNE 500 companies in nationwide and statewide consumer class action lawsuits and related litigation across the United States.

Keith J. Keogh, Founder
Keogh Law, Chicago

Mr. Keogh has represented class members before the Seventh Circuit and the First District of Illinois for over a decade, and has been named a SuperLawyers Rising Star from 2008 through 2012. He is also a frequent speaker on TCPA and other legal topics.

John G. Watts, Founder
Watts & Herring, Birmingham, Ala.

Mr. Watts has represented consumers in individual class action cases in state and federal courts and has litigated TCPA claims for several years. He has experience in matters involving class actions, consumer protection, the Fair Debt Collection Practices Act, wage and hour laws, and other areas. He is a frequent speaker on legal topics including the TCPA.


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Class Action Law Advisory Board

Thomas Allen

Partner

Reed Smith

Steve Berman

Partner

Hagens Berman Sobol Shapiro

Brian Boyle

Partner

O'Melveny & Myers

H. Douglas Hinson

Partner

Alston & Bird

Daniel R. Karon

Founder

Karon LLC

Robert S. Kitchenoff

Partner

Weinstein Kitchenoff & Asher

Neal R. Marder

Partner

Akin Gump Strauss Hauer & Feld

Michael McCluggage

Partner

Eimer Stahl

W. Ray Persons

Partner

King & Spalding

William B. Rubenstein

Professor

Harvard Law School

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