TCPA Compliance for Mobile Communications Marketing: Avoiding Penalties and Lawsuits

Implementing Effective TCPA Guidelines, Navigating Grey Areas With Express Written Consent Requirement

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


Conducted on Thursday, September 24, 2015

Recorded event now available

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Program Materials

This CLE webinar will guide counsel in creating and implementing mobile communications marketing policies that comply with the Telephone Consumer Protection Act (TCPA). The panel will provide a summary of recent TCPA decisions, outline the nuances of the law’s rules, challenges businesses are facing in developing compliant marketing programs, and best practices for avoiding government enforcement actions and civil litigation.

Description

Almost two years have passed since the FCC's amended TCPA rules took effect, resulting in unprecedented challenges for companies that seek to communicate with consumers through their mobile devices. Despite the difficulties and confusion presented by the new rules, relatively few lawsuits have been filed addressing the October 16, 2013 rule change. Instead, cases filed before this date are now reaching decision, with varied and conflicting results, leaving counsel with far from clear guidance on developing compliance mobile strategies.

Businesses that use text messages, mobile apps and other wireless communications to promote their products and services must ensure their marketing practices comply with the TCPA requirements regarding express written consent, opt outs and recordkeeping in order to minimize the risk of penalties and lawsuits. This exposure cannot be "contracted away" to a third-party vendor.

Listen as our authoritative panel of attorneys surveys recent decisions impacting the mobile communication environment, explain how these decisions and FCC rulings on industry petitions will impact the regulatory and class action landscape, and provide strategies to ensure TCPA-compliant mobile communications marketing policies.

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Outline

  1. Recent TCPA enforcement activity and litigation trends
  2. FCC Rulings and Outstanding Petitions
  3. TCPA requirements for mobile marketers
    1. Express written consent
    2. Opt outs
    3. Recordkeeping
    4. Other
  4. Areas of potential liability
  5. Best practices to meet regulatory standards and minimize liability

Benefits

The panel will review these and other key issues:

  • What are the latest TCPA enforcement trends and litigation developments?
  • What measures should companies adopt to ensure that their written consent practices comply with the 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 mobile communications sent by third parties?

Faculty

Christine M. Reilly
Christine M. Reilly

Partner
Manatt Phelps & Phillips

Ms. Reilly is a litigation partner and Co-Chair of the firm’s TCPA Compliance and Class Action Defense practice...  |  Read More

Marc Roth
Marc Roth

Partner
Manatt Phelps & Phillips

Mr. Roth is Co-Chair of the firm’s TCPA Compliance and Class Action Defense Group. He is a regulatory and...  |  Read More

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