On July 10, 2015, the FCC issued an Omnibus Order resolving some 21 separate requests for clarification regarding the TCPA and the FCC’s rules and orders relating to the TCPA, including a request to clarifying the definition of automatic telephone dialing systems that make calls commonly known as robocalls. The Omnibus Order adds fuel to the TCPA consumer and privacy class action suits in the wake of the U.S. Supreme Court’s milestone ruling in Mims.
More than 2,000 TCPA class and individual actions were filed in 2014 alone, and major companies, including AT&T, Bank of America and Capital One, have entered multimillion dollar settlements to resolve previously filed TCPA lawsuits.
To avoid and defend class claims, class action practitioners and in-house counsel must advise clients of strategies to comply with the stricter FCC rules governing phone, fax and text solicitations. Companies found in violation of the rules face hefty statutory damages. There is currently no cap on class action liability in TCPA cases, and having an established business relationship does not exempt a company from the rule’s prior express consent requirement.
Listen as our authoritative panel of litigators explains the new FCC Omnibus Order and its implications for businesses; analyzes the latest trends in TCPA litigation; and highlights key legal issues, including consent, strict liability, ascertainability, picking off/mootness, covered communications and more. The panel will provide defense counsel with best practices for litigating in this rapidly-changing area of law.
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