Telephone Consumer Protection Act (TCPA) Compliance Issues Webinar
For the last several years Telephone Consumer Protection Act (TCPA) complaints have been one of the most filed types of lawsuits across the country. When the TCPA was enacted, cell phones were not as ubiquitous as they are today. Tens of thousands of text messages can be sent with a push of a button; hundreds of telephone numbers can be called in the time it used to take to dial a single number.
Webinar Description and Intended Audience
For the last several years Telephone Consumer Protection Act (TCPA) complaints have been one of the most filed types of lawsuits across the country. When the TCPA was enacted, cell phones were not as ubiquitous as they are today. Tens of thousands of text messages can be sent with a push of a button; hundreds of telephone numbers can be called in the time it used to take to dial a single number. A violation of the TCPA carries a statutory penalty of $500, trebled to $1,500 if the conduct is deemed willful. In short, $500 x 1 isn’t the problem. $500 x 100,000 is the problem. Furthermore, on March 16, 2018 the long-awaited ruling from the DC Circuit Court of Appeals, in ACA International v. FCC, trimmed the scope of the TCPA. The appellants expansively defined “automatic telephone dialing system” and afforded callers one opportunity to call a cell phone to determine whether the number had been reassigned, whether or not the cell subscriber answered the phone. The FCC accepted comments from the public so that it may revisit and redefine these important areas of the TCPA. In the meantime the courts will continue to be tasked with interpreting the reach of the TCPA. In any event, banks and financial institutions should take what we call the Three C’s approach: Consent, Compliance and Communication.
Background and Overview of the TCPA
- History of the law
- Statutory text
- Why it is so dangerous (and appealing to plaintiffs’ lawyers)
- The role of the FCC in rulemaking
- Popular targets
- How plaintiffs’ attorneys have evolved
- How courts have reacted
The Role of the FCC
- 2015 Omnibus Order: definition of auto dialer and other hot button issues
- Recent D.C. Circuit Court of Appeals decision overturning part of the 2015 Order
- FCC open comment period and court decisions following the DC Circuit’s decision
- Risks on the horizon and how they impact compliance
- Best compliance practices and takeaways
Who Should Attend?
Loss Mitigation and Collections Department Personnel, Regulatory Compliance Professionals, Legal Department Personnel
Webinar Viewing Options
INCLUDES 7 DAYS OF UNLIMITED ONDEMAND PLAYBACK! With this option, you will participate in the webinar live, via the internet. You will login to the webinar on your PC to view the PowerPoint presentation, and you have the option of using your PC speakers or a telephone for the audio. You can type and send your questions to the instructor. Many companies are now running their PC through an LCD projector allowing many employees to participate at the same time. And don’t worry if you miss the webinar, you can still view it for up to seven days after it takes place!
SIX MONTH ONDEMAND VIDEO:
With this option, you will receive an e-mail that contains a link to the PowerPoint slides (to download, print, and copy) as well as a link to the media player where you will view and hear the entire webinar just as it was delivered, featuring the full-color PowerPoint presentation with audio. You can pause, fast-forward and rewind as needed, which makes it a very effective training tool. The OnDemand Video will be available to you (and anyone else in the company) for six months and can be accessed 24/7 as many times as you wish. Delivered via e-mail the day after the webinar takes place.
If you do not have internet access or want to make the webinar part of your training library, the CD-ROM Recording is a great option for viewing a webinar. You can pause, fast-forward and rewind as needed, which makes it an effective training tool. With this option, you will receive a download of any applicable handouts and a CD-ROM (featuring the full-color PowerPoint presentation with audio) via regular mail. Mailed 7 to 10 days after the webinar takes place.
Webinars can be scheduled and offered exclusively for your company. They can even be customized to best fit your needs. To find out more, please complete the in-house request form found in the Schedule and Registration Information section below.
Continuing Education (CE) Credits
This webinar is recommended for 2.5 CE Credit Hours. Each attendee will receive a Certificate of Attendance for self-reporting of CE Credits.