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

January 30, 2015 12:20pm

Eric Jon Taylor
Hunton & Williams LLP

Debra Bernard
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