TCPA and FDCPA Update: Facebook, Hunstein, and “Plain Text” Analysis Square Off

Patrick Reilly
Patrick Reilly | Brownstein Hyatt Farber Schreck, LLP

Patrick Reilly is a commercial litigator who handles a wide range of complex and high-profile business cases, including real estate litigation, shareholder, corporate disputes, and class actions.

On-Demand: August 5, 2021

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Program Summary

This is an update on the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act with emphasis of two recent cases of significance. The Facebook decision by the U.S. Supreme Court (141 S.Ct. 1163) finally defined the meaning of an "autodialer" for the purposes of the TCPA, while the puzzling Hunstein decision from the Eleventh Circuit (994 F.3d 1341) may invite a rash of new FDCPA privacy lawsuits. Both cases will be analyzed in depth, along with a discussion of what may come next in terms of litigation trends.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Automatic telephone dialing system
  • Facebook decision in depth
  • Privacy under the FDCPA
  • The Hunstein decision in depth

Date / Time: August 5, 2021

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

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Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Patrick Reilly_ Brownstein Hyatt Farber Schreck_LLP_myLawCLEPatrick Reilly | Brownstein Hyatt Farber Schreck, LLP

Patrick Reilly is a commercial litigator who handles a wide range of complex and high-profile business cases, including real estate litigation, shareholder, corporate disputes, and class actions. A highly effective advocate, he has tried to conclusion dozens of cases before judges, juries, arbitrators, and administrative hearing officers. He has been part of some of the most impacting, historic litigation in Nevada.

Pat has also developed an effective practice defending consumer cases brought under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Truth In Lending Act (TILA), and Telephone Consumer Protection Act (TCPA). He also provides regulatory guidance for financial institutions and debt collectors, working with government agencies in the process. Combining a practical approach with in-depth knowledge, he assists his clients as they navigate their way through an extremely complex web of laws and regulations.

Pat is an author for the Nevada Civil Practice Manual and a Master of the Bench in the American Inns of Court. He also serves as a judge for Nevada’s We The People competition and is an active Rotarian.

Agenda

I. How “automatic telephone dialing system” has been defined under the TCPA | 1:00pm – 1:30pm
II. Facebook decision in depth | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. Privacy under the FDCPA | 2:10pm – 2:40pm
IV. The Hunstein decision in depth | 2:40pm – 3:10pm