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TCPA Update 2018: Current Compliance Challenges for Companies

Recorded on: Feb. 13, 2018
Running Time: 01:07:03

Full Transcript:



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Taken from the One-Hour Briefing Recorded February 2018 in New York

TCPA Update 2018: Current Compliance Challenges for Companies [01:07:03]

Since going into effect just over two years ago, many courts have addressed the thorny issues presented by the FCC’s July 2015 Declaratory Ruling and Order on the Telephone Consumer Protection Act with various and sometimes conflicting results. These holdings present challenges for companies in all industries seeking to comply with the TCPA to avoid the staggering statutory damages available to aggrieved consumers. This Briefing will address how courts are interpreting the most controversial issues raised by the Ruling, such as a consumer’s right to revoke prior consent, calling and texting reassigned mobile numbers, exemptions for certain financial and healthcare-related calls/texts, and the ever-obscure autodialer definition.  Given the risks associated with non-compliance, companies in all industries that communicate with consumers and businesses by telephone and text message must stay current on these developments.

Plan to join this important and timely presentation when Davis Wright Tremaine LLP attorneys Marc S. Roth and Ronald G. London will provide a detailed analysis of how courts are interpreting the key aspects of the Ruling and provide practical suggestions and strategies to ensure compliance with the TCPA.  While some courts have stayed actions involving the issues raised by the Ruling pending the DC Circuit’s decision on industry challenges, many others have stepped into this breach and have issued differing and conflicting decisions.  This pattern will likely continue until the DC Circuit finally issues its decision. 

Topics to be covered include: 

  • How and to what extent have courts considered human intervention when determining whether a device used to place calls or transmit text messages is an autodialer?
  • How have courts interpreted “any reasonable means” when determining a consumer’s ability to seek revocation? What challenges do consumers face in seeking to affect a revocation?
  • What can companies do to prevent calling reassigned numbers?
  • How effective has the exemption for urgent financial and healthcare related communications been?  Are companies in these industries using this exemption?

Presentation Material

  • TCPA Update 2018: Current Compliance Challenges For Companies
    Ronald G. London, Marc S. Roth
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