The Telephone Consumer Protection Act (TCPA): What You Need to Know about the Industry’s Most Active Statute, FCC Involvement, Recent Settlements and Strategies for Defeating TCPA Litigation
Eric Jon Taylor
Partner
Hunton & Williams LLP
Debra Bernard
Partner
Perkins Coie LLP
- Definition of ATDS under the Statute
- FCC involvement: Position on an industry association’s petition requesting clarification of and revisions to rules governing the TCPA
- Determining what constitutes a ‘predictive dialer’ for purposes of the TCPA
- Trends in TCPA litigation: Key court decisions
- Evolving issues relating to consent and revocation of consent under the TCPA: What constitutes consent and what is acceptable as revocation of consent?; Impact on liability
- Defending against the new wave of TCPA claims and class actions: Illegal call recording, text messaging, robo-dialing, cell phone calls, fax blasts, and trade line litigation: Assessing the latest plaintiff strategies
- Mims v. Arrow Financial: Federal jurisdiction for TCPA claims
- Ensuring compliance with the TCPA in the absence of regulatory guidance: Minimizing the risk of violations
- Certification issues relating to TCPA class actions
- Recent settlements and their effect on the filing of future suits