The ABCs of the TCPA: A Primer on the Telephone Consumer Protection Act

(272 Ratings)

Produced on: November 19, 2015

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 90 minutes
Difficulty Beginner

The Telephone Consumer Protection Act (“TCPA”) and the FCC’s implementing regulations restrict calling, texting, and faxing activities such as telemarketing, debt collection, and sharing important information to consumers, students, or employees. Those restrictions affect virtually every industry, including telecommunications, education, utilities, financial services, healthcare, insurance, pharmaceuticals, retail, and shipping, to name just a few. Despite an explosion in class action litigation caused by the TCPA’s uncapped statutory damages of $500 to $1,500 per violation, many businesses remain unaware of these restrictions or unable to keep up with how the FCC and courts have interpreted them.

 

Presented by Drinker Biddle & Reath partners Michael Day, Meredith Slawe, Michael W. McTigue Jr., and Justin O. Kay, this program provides a primer on the TCPA and examines recent developments in regulation and litigation under the statute.

 

Learning Objectives:

I.     Understand the background and requirements of the TCPA and related regulations

II.    Review how the FCC and the courts have interpreted the statute and regulations

III.   Identify common compliance traps that have been targeted by plaintiffs

IV.   Examine best practices for avoiding or mitigating the risk of TCPA litigation

Faculty

Michael P. Daly

Drinker Biddle & Reath LLP

Michael P. Daly defends class actions and other complex litigation matters, handles appeals in federal and state courts across the country, and counsels clients on maximizing the defensibility of their marketing and enforceability of their contracts.  A recognized authority on class action and consumer protection litigation, he often speaks, comments, and writes on recent decisions and developments in the class action arena. 

Class Action Litigation.  Michael regularly defends putative class actions involving issues such as advertising, labeling, privacy, telemarketing, billing, credit reporting, and debt collecting.  He has extensive experience defending claims under the Telephone Consumer Protection Act, the Fair Credit Reporting Act, the New Jersey Truth-In-Consumer Contract, Warranty and Notice Act, and other federal and state consumer protection statutes.  He routinely counsels clients on issues such as removing actions, compelling arbitration, enforcing class action waivers, coordinating multidistrict litigation, enjoining parallel proceedings, striking class allegations, opposing certification, negotiating settlements, designing notice and claims programs, and defending settlements from objections and attacks.

Appellate Litigation.  Michael handles appellate matters in federal and state courts across the country, including amicus briefing in appellate and administrative proceedings.  His work has resulted in rulings denying class certification, enforcing arbitration agreements, denying petitions to amend administrative rules to permit class actions, entering judgment notwithstanding a design defect verdict, absolving a manufacturer of successor liability, enforcing an exclusion of liability in an asset purchase agreement, and ordering new trials on damages and statute of limitations defenses, among others.

Consumer Contracts and Marketing.  Michael routinely counsels clients on maximizing the defensibility of their marketing and the enforceability of their consumer contracts and dispute-resolution programs.  A founder of Drinker Biddle & Reath’s TCPA team and the senior editor of its TCPA Blog, he provides practical advice on best practices for mitigating risk from contracting with and marketing to consumers. 

Public Interest Litigation.  Committed to public service and civic participation, Michael has spearheaded matters meant to prevent racial discrimination, protect the rights of the disabled and incarcerated, prohibit the use of unverifiable voting systems, and preclude the misuse of our laws and abuse of our civil justice system.  One of his most recent public interest engagements resulted in a landmark settlement that put an end to decades of discrimination by administrative agencies that had refused to make important information about public benefits programs available in alternative formats that were accessible to the blind and visually impaired. 

In General.  Michael was a managing editor of the Villanova Law Review, a recipient of the Steven P. Frankino Distinguished Service Award, and a legal intern for the Hon. Dolores K. Sloviter of the U.S. Court of Appeals for the Third Circuit. He joined Drinker Biddle & Reath following a clerkship with the late Hon. James M. Kelly of the U.S. District Court for the Eastern District of Pennsylvania.


Meredith C. Slawe

Drinker Biddle & Reath LLP

Meredith C. Slawe is a partner in the firm’s Litigation Group. She has a broad litigation practice with an emphasis on consumer class actions, business disputes and internal investigations. Meredith routinely defends companies in putative class actions brought under consumer protection statutes in jurisdictions across the country. She specializes in defending companies against false and deceptive marketing, advertising and pricing allegations, and privacy-based claims, and has particular expertise in the retail, communications, pharmaceutical and insurance industries. Meredith has an outstanding record of defeating cases on the merits and challenging class certification.

Meredith is also a key member of Drinker Biddle’s Telephone Consumer Protection Act (TCPA) Team and publishes regularly on TCPA-related topics (including on the Team’s blog at www.tcpablog.com). She has extensive experience representing leading companies in putative class actions and individual actions brought under this statute. Meredith also counsels clients on TCPA compliance measures.

Meredith received her J.D. from the University of Pennsylvania Law School and her A.B. in Government from Dartmouth College. She is a member of the Corporate Executive Board of the Philadelphia Museum of Art, the American Bar Association Young Lawyers Division of the White Collar Crime Committee, the Board of Managers of the Penn Law Alumni Society, the National Association of Criminal Defense Lawyers and the Louis D. Brandeis Law Society. She also serves as an alumni admissions interviewer for Dartmouth College. Meredith is a member of Drinker Biddle’s Women’s Leadership Committee and is an active participant in the firm’s recruiting efforts and mentoring program. Meredith has been a frequent speaker on career management and work/life balance issues at programs for women lawyers and law students.

Michael W. McTigue Jr.

Drinker Biddle & Reath LLP

Michael W. McTigue Jr. is the Executive Partner of the firm responsible for the entirety of the firm’s litigation services, which comprises more than 300 professionals, as well as the firm’s professional development and hiring functions. Michael also serves as Chair of the Litigation Group. He focuses his practice on complex disputes, including consumer class actions, international arbitration, software implementation, communications, securities and corporate governance, products liability, intellectual property, and bankruptcy.

 

Class Action Defense. Michael is currently defending a national cable company in several consumer class actions. He has successfully defended wireless and cable companies and has defeated class certification motions in both federal and state courts around the country. Michael has also successfully defended investment advisors, and directors and officers in securities class actions. In addition, Michael defeated the certification of a national civil rights class action challenging an intercollegiate initial eligibility athletic rule.

 

Alternative Dispute Resolution. Michael defends global companies in domestic and international arbitration proceedings. He has successfully arbitrated numerous disputes to judgment and has experience with most major arbitration bodies and their rules.

 

Other Highlights. Michael obtained a production injunction in federal court that forced a client's competitor to cease all operations based on international computer software, trade secret and other intellectual property theft. He frequently leads litigation teams in complex bankruptcy related matters. Michael also has expertise in litigation arising from M&A transactions. In addition, he serves as outside general litigation counsel for one of the world's leading distributors of laboratory supplies and equipment.

 

Public Interest. Michael has served on the boards of several nonprofit organizations. Currently, he serves as a Senior Hearing Committee Member for The Disciplinary Board of the Supreme Court of Pennsylvania.

 

In General. Michael has been recognized by Benchmark Litigation as a Pennsylvania Litigation Star. He has been named to BTI’s Client Service All-Star Team, singled out by in-house corporate counsel for delivering “unsurpassed excellence in client service.” Michael received his undergraduate degree, cum laude, from the University of Pennsylvania. He graduated cum laude from Boston University School of Law, where he was a G. Joseph Tauro Distinguished Scholar and Articles Editor of the Boston University Law Review. After graduating from law school Michael completed a one-year clerkship for the Hon. Donald W. VanArtsdalen, United States District Judge for the Eastern District of Pennsylvania.

 

Professional Memberships. Michael is a member of the Pennsylvania and New Jersey bars and is admitted to practice before the United States Supreme Court, the United States Court of Appeals for the Third Circuit, and the United States District Courts for the Eastern District of Pennsylvania, the Middle District of Pennsylvania and the District of New Jersey.

Justin O. Kay

Drinker Biddle & Reath LLP

Justin O. Kay is a partner and member of the firm’s Class Actions Team and TCPA Team in the Litigation Group. His practice focuses on complex civil matters in federal court (including before the Judicial Panel on Multidistrict Litigation), in state court, and before federal agencies.  Justin is a regular contributor to the TCPA Team’s blog.

 

Consumer Class Action Defense. Justin’s consumer class action defense practice focuses on defending corporations in cases involving federal and state consumer protection laws.  His experience includes defending claims involving the Telephone Consumer Protection Act (TCPA), the Fair and Accurate Credit Transaction Act (FACTA), and various state consumer protection statutes.

 

Securities Defense. Justin’s securities litigation practice focuses on defending corporations and individuals in cases involving the federal securities laws and state corporate governance statutes.  His experience includes defending claims involving Rule 10b-5 and Control Person Liability, and tender offer and shareholder derivative litigation.  Justin also represents corporations and individuals involved in investigations before the Securities and Exchange Commission.

 

Antitrust. Justin’s antitrust practice focuses on representing clients before the U.S. Department of Justice and the Federal Trade Commission. His experience includes assisting clients comply with government requests and subpoenas related to merger investigations.

 

Appellate. Justin’s appellate experience includes work in both federal and state courts, briefing issues at the intermediate and final appellate level.

 

General Litigation & Client Counseling. In addition to the above, Justin has a broad array of experience representing clients in general litigation matters, including basic business disputes; qui tam defense; insurance coverage defense; personal injury defense; and mediations, arbitrations, and administrative actions before the Federal Communications Commission.

 

In General. Justin received his J.D., cum laude, from the University of Notre Dame Law School in 2005, where he was an article editor of the Notre Dame Law Review. Justin received his Bachelor’s Degree in Foreign Service in 2000 from the Georgetown University School of Foreign Service. Prior to his legal career, Justin served as an Intelligence Officer for the Department of Defense’s National Geospatial Intelligence Agency.

Reviews

EW
Elaine W.

Excellent program.

MW
Merrick W.

Somewhat defense-oriented but a good overview of an inportant subject.

LO
Lisa O.

Very informative with great presenters

AR
Andrea R.

Excellent presenters. I would take other courses from them if offered!

RS
Robert E. S.

Very informative. Provided insights and provocation in an area in which I have only limited familiarity. Rob Singer

RS
Reid S.

ALL GOOD SPEAKERS

LB
Laurie B.

Really interesting.

TS
Terry S.

Much more informative than I anticipated.

AM
Amelia M.

Very interesting!

RK
Richard E. K.

very nice webcast

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$ 89 Business, Corporate, & Securities Law, Science & Technology Law, and Class Actions In Stock

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