Privacy and the Telephone Consumer Protection Act: Recent Developments, Ensuring Compliance, Mitigating Risks

Mr. Kay advises and defends business clients regarding their interactions and communications with consumers. He appears regularly on behalf of clients before federal and state courts, federal agencies and independent self-regulatory bodies, such as the National Advertising Division of the Better Business Bureau. Mr. Kay’s practice focuses on defending clients in the growing number of complex class actions arising under federal and state consumer protection and privacy laws such as the federal Telephone Consumer Protection Act, the Illinois Biometric Information Privacy Act and the California Consumer Privacy Act. He is a deputy leader of the litigation practice group. Clients also retain Mr. Kay to implement practical compliance strategies that minimize the risk of a lawsuit. This proactive counsel is perhaps where he brings the most value to his clients, drawing on his litigation experience, knowledge of the law and understanding of theories asserted by plaintiffs’ attorneys to help design compliance strategies that keep clients one step ahead of the Plaintiffs’ Bar. Mr. Kay also writes, speaks and serves as a resource for journalists reporting on class actions and privacy laws, including appearing on broadcast radio and television news programs.

Mr. Rosenthal defends clients in complex commercial litigation, particularly involving consumer marketing, advertising, labeling and data privacy issues. He represents clients in responding to federal and state investigations involving advertising, marketing and privacy, as well as counseling clients on compliance with a wide variety of related state and federal laws. Mr. Rosenthal represents public and private companies in contract and indemnification disputes arising out of consumer claims that involve alleged false labeling, improper telemarketing or text marketing practices under the TCPA and similar state and federal laws, as well as claims arising out of consumer-facing website operations under regulation. He advises and supports consumer-facing businesses, service providers, consumer-communication platforms and lead generators on potential liability and risk exposure arising from telemarketing procedures or in connection with active or threatened consumer litigation. Mr. Rosenthal also represents consumer-product retailers and their vendors, as well as software providers, vendors and cloud-based solution providers, to develop efficient processes for managing and negotiating responses to consumer inquiries, litigation claims and third-party subpoenas. He advises on drafting and editing consumer-facing policies, terms of use, privacy policies and internal policy documents. Mr. Rosenthal’s sophisticated data privacy and security knowledge has earned him the CIPP/US credential from the International Association of Privacy Professionals.