Responding to and Evaluating Claims Involving the Telephone Consumer Protection Act (TCPA) and Related Case Law Claims: Impact of the FCC Order Regarding Clarification on Telemarketing Rules, ​Factoring in Key State Legislative Activity From Different Jurisdictions, and Litigation Over Collection and Use of Online or Mobile Information

September 29, 2016 10:55am

Nancy L. Perkins
Counsel
Arnold & Porter LLP

Heather J. Enlow-Novitsky
Of Counsel
Vorys, Sater, Seymour and Pease LLP

TCPA Litigation
  • TCPA violations; TCPA compliance; TCPA litigation ramping up as consumers receive more texting and phone messages; More companies are using text messages to reach out to consumers; Litigation is emerging
  • Privacy issues related to robo dialing
  • What authority does the FTC have in this type of privacy litigation?
  • How are plaintiffs bringing claims?
  • Direct marketing via phone
  • Standing – under TCPA you can have standing without injury
  • Getting rid of TCPA if you can get rid of class members
  • Impact of the FCC order involving clarification on telemarketing rules, interpretation of rules, and standards; Private cause of action, lawsuits that followed after the order was issued
  FTC Authority
  • FTC authority as defined under Section 5 of the FTC act or state law equivalent of the mini FTC act (unfair and deceptive practices); Standard that is vague and difficult to prove
  • New issues related to settlement regarding improper release of personal information or issues in the security context