TCPA Class Actions: Pursuing or Defending Claims Over Phone, Text and Fax Solicitations

The FCC’s amended TCPA rules have caused corporate marketing activities to obtain written consent and ensure that they are not calling reassigned numbers. So far, Wells Fargo, Bank of America and Capital One have each entered multi-million dollar settlements to resolve TCPA class actions.

To avoid and defend class claims, in-house counsel and class action practitioners must advise clients of strategies to comply with the stricter TCPA consent requirements for specific types of auto-dialed and prerecorded telemarketing calls, text messages, and faxes. Companies found in violation of the TCPA rules face hefty statutory damages.

There is currently no cap on class action liability in TCPA cases. Further, an established business relationship does not exempt a company from the rule’s prior consent requirement.

Listen as our authoritative panel of class action attorneys explains the impact of the recent D.C. Circuit ruling in ACA International v. FCC, the amended TCPA rules and their implications, analyzes the latest trends in class actions involving phone and fax solicitations under the TCPA, and highlights critical issues of federal jurisdiction, statutory damages limitations, and how courts are adapting their decisions to new technology. The panel will provide plaintiff and defense counsel with best practices for litigating in this rapidly changing area of law.

1. Most common types of TCPA class actions
2. Potential damages for TCPA violations
3. Impact of the recent D.C. Circuit ruling in ACA International v. FCC
4. Federal jurisdiction following Mims v. Arrow Financial and Spokeo v. Robbins
   1. Filing in state or federal court
   2. State laws limiting class actions
   3. Statute of limitations defenses
5. Recent TCPA issues before courts
   1. Are TCPA claims suitable for class actions?
   2. Automated dialing technology
   3. Text messaging and TCPA claims
6. Third-party liability
   1. Company liability for calls made by third parties
   2. Lawsuits “on behalf of” an entity

The panel will review these and other critical issues:

• What measures should counsel recommend client companies adopt to ensure compliance with the amended TCPA rules?
• How should counsel manage the ambiguities of the rules concerning automated dialing systems?
• How is the vicarious liability theory being leveraged to assign liability under the TCPA to companies for calls, texts or faxes sent by third parties?