TCPA Lawsuits: Perils of Automatic Telephone Dialing Systems, and Other Issues

$195.00

CLE Credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

The Telephone Consumer Protection Act of 1991 (TCPA) prohibits the use of pre-recorded or automatic telephone dialing systems (ATDS) to place calls to any wireless or cellular number except for emergency purposes or with the called party’s prior express consent. Since the TCPA’s inception, the Federal Communications Commission (FCC), charged with rulemaking authority over the TCPA, has implemented certain regulations and provided guidance over the application of the TCPA. In an effort to clarify how the TCPA applies to the various industries and to the consumer public, an ongoing battle rages on in Congress, the FCC and the courts to define and clarify the prohibitions of this statute. This seminar will update you on how this battle is going and what potential victories and defeats lie ahead.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   What is an ATDS?
•   What is ‘prior express consent’?
•   How can prior express consent be revoked by the consumer?
•   The dangers and pitfalls of attempting to certify a TCPA class action

Date / Time: May 24, 2019

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   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 7 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.

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Original Broadcast Date: May 24, 2019

Ernest H. “Skip” Kohlmyer, III, Esq. is a Shareholder with the law firm of Shepard, Smith, Kohlmyer & Hand, P.A. Mr. Kohlmyer’s practice focuses primarily on insurance defense and international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation. Mr. Kohlmyer also is highly experienced in litigation relating to the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and the Telephone Consumer Protection Act (TCPA), representing corporations, collection agencies, debt buyers, and credit reporting agencies. A large number of his clients and primary focus of his experience is representing national medical billing and collection entities. Mr. Kohlmyer regularly represents some of the largest healthcare organizations in the State of Florida and has presented seminars at AAHAM and NHCA conferences.

Mr. Kohlmyer is a member of the Florida Bar, the State Bar of Georgia, the New York Bar Association and is admitted to practice before the Supreme Court of the United States, Eleventh Circuit Court of Appeals, United States Court of Appeals for the District of Columbia, United States Court of International Trade and the federal district courts within the States of Florida, Georgia and New York. He is a member of the Association of Credit and Collection Professionals (ACA International), serving in leadership positions and speaking regularly at industry and continuing legal education conferences.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

    Automatic MCLE Approvals

All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, ME, MO, MT, ND, NH, NM, NJ, NY, WV, and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)

    Live Video Broadcasts

Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, SC, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

    “Live” Re-Broadcasts

“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, SC, and LA]

Reciprocity
Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

Section I. Background and Provision of the TCPA

Section II. What is an ATDS? Past, Present and Future

Section III. Impact of ACA International v. FCC and Marks v. Crunch Fitness

Section IV. Establishing and Proving “Prior Express Consent”

Section V. Revoking Consent

Section VI. Certifications of TCPA Class Action lawsuits

Section VII. Damages and Mitigation of Liability