Understand the potential TCPA risk exposure associated with using text messages to communicate with job candidates.
The Telephone Consumer Protection act (TCPA) is a favorite consumer protection statute amongst the plaintiffs' bar given its relatively low pleading hurdles and high statutory damages ($500 per text message in violation, possibly trebled to $1,500 if the violation is deemed to be knowing or willful). In 2019, juries awarded damages in the hundreds of millions of dollars and, in one case, damages that reached nearly a billion dollars. It is important for all staffing agencies, recruiters, and others who utilize text messaging to interact with candidates to understand the risks associated with this method of communication. This topic will provide recruiters, staffing agencies, and employers with an overview of the TCPA's requirements, and offer up some best practices to contact candidates in a compliant manner. In particular, our panelists will explain the current court split with respect to what constitutes an auto-dialer under the TCPA; what types of text messaging technologies likely would not be held to be an auto-dialer under any standard; and address other TCPA issues that the staffing and job-placement industry faces.
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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
Overview of the TCPA and Why You Should Care
- Why Use Text Messaging to Interact With Candidates
- TCPA Litigation Generally
- TCPA Litigation Involving Staffing Companies and Recruitment Text Messages
Prior Express Consent for Recruitment/Job Placement Text Messages
- What the TCPA Requires and the Different Levels of Consent Necessary
- How to Get Prior Express Consent
- Best Practices
- Documenting and Retaining Records of Consent and Revocation
Automatic Telephone Dialing Systems (ATDS) Under the TCPA
- Confusion and Differences Amongst Court Rulings
- Impact of ACA International vs. FCC on the ATDS Inquiry
- Current FCC ATDS Proceeding
TCPA Demand Letters
- Sources and Proliferation
- Response Strategies
- Case Studies
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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 August 25, 2020.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
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
Daniel S. Blynn
Venable LLP
- Partner in the Advertising and Marketing, and Class Action Defense practice groups of Venable LLP
- Practice focuses on telemarketing and false advertising litigation, and complex consumer class actions in federal and state courts
- Counsels clients on a variety of advertising and telemarketing-related matters, including how to comply with the TCPA, TSR, and state calling and text messaging laws
- Assists clients with advertising substantiation investigations, and inquiries from the Federal Trade Commission and state attorneys general
- Often speaks and writes about TCPA, TSR, and other telemarketing-related issues
- Regularly recognized by Super Lawyers, Best Lawyers in America, and other publications as a leading attorney in consumer protection law
- In 2017, was honored by Law360 as a Rising Star (one of 156 attorneys under 40 in the United States whose legal accomplishments transcend their age), and just one of three attorneys recognized in the category of consumer protection for his work on advertising and marketing matters
- J.D. degree, Wake Forest University School of Law; B.A. degree in political science, Johns Hopkins University
- Can be contacted at 202-344-4619 or [email protected]
Stephen R. Freeland
Venable LLP
- Partner in the Advertising and Marketing, and Class Action Defense practice groups of Venable LLP
- Assists clients with advertising substantiation investigations and litigations, and inquiries from the FTC and state AGs; he also counsels clients on legal compliance, including compliance with the TCPA, the FTC’s Telemarketing Sales Rule, the Restore Online Shoppers’ Confidence Act (or ROSCA) as well as intellectual property protection strategies; defends clients in telemarketing and false advertising litigation, FTC enforcement actions, complex consumer class actions, and trademark, trade dress, patent and copyright infringement cases; prosecutes false advertising and intellectual property cases in business-to-business disputes
- Recognized by Super Lawyers as a Washington D.C. Rising Star, 2014 – 2018
- J.D. degree, magna cum laude, George Mason University School of Law; B.A. degrees in both criminal justice and sociology, summa cum laude, Marymount University
- Can be contacted at 202-344-4837 and [email protected]
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