Understand the important aspects of the TCPA and avoid costly penalties to your business.
Many businesses are not able to follow the ever expanding and evolving rules set forth by the FCC in order to comply with the TCPA. They also may not realize that some opinions from just a few years ago have now been rendered obsolete due to subsequent rulings by the FCC. This topic will help those responsible for compliance to understand the important aspects of the TCPA. It will also explain how the interpretations of TCPA may change sometime in the future. However, the TCPA will continue to present significant exposure to those accused of violating it because the statutory damages provision of the TCPA provides for a damage award of either $500 or $1,500 for each alleged violation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
The Evolution of an Automatic Telephone Dialing System (ATDS)
- The Statutory Definition
- The FCC's Evolving Interpretation
The Evolution of Consent
- Affirmative Defense vs. an Element
- Express Consent vs. Express Written Consent
- Revocation of Consent
The Evolution of the FCC's Orders on the TCPA
- Not Meant to Interfere With Normal Business Communication
- The Elimination of the EBR Defense
- Spokeo and the ACA Appeal
What's Next?
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on July 7, 2016.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Justin M. Penn
Hinshaw & Culbertson LLP
- Partner at Hinshaw & Culbertson LLP
- Focuses practice in litigation with particular emphasis on professional liability litigation, including consumer litigation and legal malpractice defense; has also been involved in labor and employment law in both litigation and arbitration practice
- Experienced in many aspects of trial practice, including consumer class action defense for claims under the Fair Debt Collection Practice Act
- Has handled hundreds of consumer litigation matters under many statutes, including the FDCPA, the FCRA (and FACTA), the TCPA, TILA, state consumer fraud statutes and the False Claims Act; has also handled a wide variety of legal malpractice matters, including cases involving an attorney’s liability to non-clients
- J.D. degree, cum laude, The John Marshall Law School; B.A. degree in human resource management and theology, cum laude, University of Notre Dame
John P. Ryan
Hinshaw & Culbertson LLP
- Partner at Hinshaw & Culbertson LLP
- Litigation practice includes an emphasis in defending consumer class actions; handles matters involving consumer protection statues and class actions
- Has written numerous successful motions, including several motions which defeated large consumer class actions
- Successfully defended both companies and attorneys in numerous class actions involving the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), the Illinois Collection Agency Act (ICAA), the Indiana Collection Agency Act, and the Indiana Uniform
- Consumer Credit Code (IUCCC), the Illinois Consumer Fraud Act (ICFA), the Indiana Deceptive Consumer Sales Act (IDCSA) as well as other common law and statutory claims
- J.D. degree, cum laude, The John Marshall Law School; B.B.A. degree, St. Norbert College
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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