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Overview
The Telephone Consumer Protection Act (TCPA) continues to present significant challenges and legal risks for companies seeking to communicate with consumers via their mobile devices. The TCPA is unforgiving: no industry is immune, existing relationships do not matter, and the law is not limited to calls and text messages to just individuals, meaning B-B communications are also at risk. Given the TCPA’s statutory damages provision allowing aggrieved plaintiffs to recover up to $1,500 per violation with no cap on class-wide awards, the risk of non-compliance is significant. As consumers continue to rely on their mobile devices for communications, entertainment and news, reaching them in this medium becomes increasingly more important, but also more risky.
Topics to be covered by Marc S. Roth from Cobalt LLP and Meredith C. Slawe from Cozen O’Connor include:
- Introduction and background on TCPA - 10 minutes
- Important TCPA litigation developments in the past year and significance of SCOTUS addressing circuit split on ATDS - 15 minutes
- Distinguishing between marketing and non-marketing content for consent purposes - 10 minutes
- Liability risks for SMS platforms and outsourced BPO call centers - 5 minutes
- Best practices for avoiding litigation and responding to litigation threat letters - 10 minutes
- Ensuring enforceability of class action waiver and arbitration provisions - 10 minutes