Unsolicited Calls or Text Messages: TCPA Litigation–What Attorneys Need to Know

$195.00

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

The Telephone Consumer Protection Act (TCPA), a federal statute enacted in 1991 that regulates outbound telephone communication, has become the most highly litigated statute in the country for the last ten years. Based upon diverging and unclear rulings from both the Federal Communications Commission and almost every Circuit Court (and District Courts) in the country, the uncertainty regarding liability and defenses under the statute coupled with the significant monetary exposure has led to the proliferation of individual and class action litigation that encompass a wide range of companies – from debt collection to health care organizations.

Attorneys can expect to receive a comprehensive class in the TCPA: what is it, its history, important FCC rulings and FCC cases, and the current posture of the TCPA in light of recent DC Circuit and U.S. Supreme Court decisions.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   Definition of an Automatic Telephone Dialing System (“ATDS”)
•   Current status of reassigned number and internal compliance strategies to reduce risk
•   Important pending FCC petitions
•   Roboblocking

Date / Time: December 3, 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.

Clear

Original Broadcast Date: August 6, 2019

Chad Fuller, Esq. is a partner in the firm’s Consumer Financial Services practice with a primary focus in Financial Services Litigation. He is an accomplished trial attorney who has served as lead counsel in state and federal courts across the country in which he represents clients in consumer class actions and general business litigation.

Chad devotes his practice to representing businesses who are interested in ensuring compliance with an array of growing laws in the consumer financial services fields. He concentrates his practice on the many “alphabet soup” federal consumer protection statutes such as the Fair Debt Collection Practices Act (“FDCPA”) and the Telephone Consumer Protection Act (“TCPA”). In particular, Chad is one of the few attorneys in the country that tries TCPA cases to verdict. He has managed hundreds of TCPA lawsuits in trial, mediation, and settlements. He also has substantial experience defending major consumer class action litigation in cases alleging false advertising and product defects, as well as cases alleging inappropriate charging of fees and services by a variety of businesses, including computer, software, telecommunications, home warranty, insurance brokerage, and auto finance companies. He also has experience defending privacy and security litigation and associated regulatory issues.


Virginia Flynn, Esq. is a partner in the firm’s Consumer Financial Services practice and specifically within the Financial Services Litigation practice. She represents clients in federal and state court, both at the trial and appellate level in the areas of complex litigation and business disputes, financial services litigation, and consumer litigation in over 21 states nationwide.

As a result of new legal developments in the financial services industry, she increasingly counsels clients to ensure they comply with the myriad of growing laws in the consumer law and financial services fields, with a particular emphasis on the many “alphabet soup” federal consumer protection statutes including the Fair Debt Collection Practices Act (“FDCPA”), the Telephone Consumer Protection Act (“TCPA”), the Fair Credit Reporting Act (“FCRA”), Regulation Z (“Reg Z”) and the Electronic Funds Transfer Act (“EFTA”), as well as the impact of Dodd-Frank Wall Street Reform and Consumer Protection Act on the consumer protection landscape.

Virginia provides ongoing analysis and commentary on developments in the consumer financial services industry, with a focus on regulatory developments, through the Consumer Financial Services Law Monitor blog at cfslawmonitor.com.

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. History of the TCPA

Section II. Key Terms and Elements of the TCPA

Section III. Important Decisions Post-ACA

Section IV. Affect of PDR decision from the Supreme Court

Section V. Managing a Company’s TCPA Compliance in the Uncertain World of the TCPA

Section VI. Class Issues (waiver and arbitration provisions)