Emerging Trends in TCPA Class Actions and Practical Strategies to Mitigate Risk

The Telephone Consumer Protection Act (TCPA) has been the basis of a significant wave of litigation targeting businesses across industries, including financial services, retail, hospitality, insurance, communications, technology, sports, health care, and pharmaceuticals/life sciences. Plaintiffs’ attorneys continue to aggressively solicit prospective litigants and exploit the TCPA, and its statutory damages provision permitting the recovery of $500 up to $1500 per call, text message or fax (with no cap on aggregate damages), in proposed nationwide class action lawsuits. These cases, which challenge marketing, informational and “dual purpose” communications, threaten to disrupt businesses’ legitimate efforts to reach consumers.

This webinar will focus on:

• The TCPA litigation and regulatory environment in 2020;
• An inside look at the plaintiffs’ lawyers and litigants filing and threatening TCPA actions;
• The latest theories being tested in litigation and successful defense strategies;
• The significance of the Supreme Court proceeding to address the circuit split on the definition of an “automatic telephone dialing system” (ATDS);
• Strategies for setting up or refining calling, texting and/or faxing programs to ensure TCPA compliance;
• Best practices for vendor management (e.g., mobile marketing and collections vendors) and vendor contracting to protect your business;
• Lessons learned from TCPA class actions and FCC enforcement actions; and
• Arbitration agreements and key provisions in consumer terms in light of TCPA decisions.

This program will offer valuable information and strategic guidance to companies across industries that seek to engage with consumers.